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LIVY 



BOOKS III and IV 



Translated by 
B. O. FOSTER 




Complete list of Loeb titles can be 
found at the end of each volume 



LIVY (Titus Livius) the great Roman 
historian was born at or near Patavium 
(Padua) in 59 B.C. and from early manhood 
onwards lived mostly at Rome until 
shortly before his death in A.D. 17, and 
although never in sympathy with the 
establishment of the imperial age by 
Augustus became a friend of that emperor. 
His only extant work is part of his history 
of Rome (which he called Annales) from 
the foundation of the city to 9 B.C. in 
142 books. Of them we have in number 
35 only, and short summaries of all the 
rest except two. The whole work was, 
long after his death, divided into Decades 
or series of 10. Books i-io we have 
entire ; books i i-2o are lost ; books 2 1-45 
are entire, except parts of 41 and 43. Of 
the rest only fragments and the summaries 
remain. In splendid style Livy, a man of 
wide sympathies and proud of Rome's 
past, presented an uncritical but clear 
and living narrative of the rise of Rome to 
greatness. 



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KQX TO 






THE LOEB CLASSICAL LIBRARY 

FOUNDED BY JAMES LOEB, LL.D. 
EDITED BY 

tT. E. PAGE, C.H., LITT.D. 

fE. CAPPS, PH.D., LL.D. fW. H. D. ROUSE, LITT.D. 

L. A. POST, L.H.D. E. H. WARMINGTON, M.A., F.R.HIST.SOC. 



LIVY 

II 

BOOKS III AND IV 



133 



LIVY 



WITH AN ENGLISH TRANSLATION 
IN FOURTEEN VOLUMES 

II 

BOOKS III AND IV 

TRANSLATED BY 

B. O. FOSTER, PH.D. 

OF STANFORD UNIVERSITY 




CAMBRIDGE, MASSACHUSETTS 

HARVARD UNIVERSITY PRESS 

LONDON 

WILLIAM HEINEMANN LTD 

MOMLXVII 



First printed 1922 
Reprinted 1939, 1953, 1960, 196? 



Printed in Great Britain 



CONTENTS 



PAGE 

TRANSLATOR'S PREFACE v 

BOOK in 1 

SUMMARY OF BOOK III 250 

BOOK iv 257 

SUMMARY OF BOOK IV 458 

INDEX 461 

MAP OF CENTRAL ITALY . . At end 



V 



TRANSLATOR'S PREFACE 

THE Latin text of Vols. II. to IV. (comprising 
Books III.-X.) has been set up, like that of Vol. I., 
from the latest revisions of the Weissenborn-Mueller 
edition with German notes, except that the Periochae 
have been reprinted from the text of Rossbach 
(1910). But the spelling is that adopted by Pro- 
fessors Conway and Walters in their critical edition 
of Books I.-V. and Books VI.-X. (Oxford, 1914 and 
1919), which is the source also of most of the rather 
numerous readings which differ from those of the 
Weissenborn-Mueller text, and has furnished besides 
the materials from which the textual notes have 
been drawn up. I have aimed to record every 
instance where the reading printed does not rest on 
the authority of one or more of the good MSS., and 
to indicate the provenience of the emendation. In 
addition to the symbols used by the Oxford editors, 
I have employed O to designate such of the good 
MSS. as are not cited specifically for some other 
reading, and s to designate one or more of the late 
MSS. or early printed texts. 

Besides the translations mentioned in the preface 
to Vol. I. (those of Philemon Holland, George 

vii 



PREFACE 

Baker, and Canon Roberts) I have had by me the 
anonymous version printed in London in 1686, in 
folio, "for Awnsham Churchill at the Black Swan 
in Ave-Mary Lane, near Paternoster Row." 

I am also indebted to the following editions of 
parts of Livy : Book III. by P. Thoresby Jones, 
Oxford, 1914; IV. by H. M. Stephenson, Cam- 
bridge, 1890; V. by Leonard Whibley, Cambridge, 
1910; V.-VII. by Cluer and Matheson, Oxford, 
1904; VI. by F. H. Marshall, Cambridge, 1908; 
IX. by W. B. Anderson, Cambridge, 1909, and by 
T. Nicklin, Oxford, 1910. The commentaries of 
Weissenborn-Mueller and Luterbacher have, of 
course, been constantly consulted. 

B. O. F. 

In the second impression of this volume a number 
of misprints and one or two errors of translation have 
been corrected. I wish to thank Prof. G. R. Noyes of 
the University of California, and Mr. O. J. S. Satchel 
of the Boys' High School, Kimberley, South Africa, 
for the notes of errata with which they very kindly 
furnished me. 

August, 1939. 



vm 



THE MANUSCRIPTS 

/'" = Veronensis, 4th century. 
F = Floriacensis, 9th century. 
P= Parisiensis, 10th century. 
E = Einsiedlensis, 10th century. 
H = Harleianus prior, 10th century. 
T = Thuaneus, 10th century. 
B = Bambergensis, 10th or llth century. 
3/= Mediceus, 10th or llth century. 
Form. = Vormatiensis (as reported by Rhenanus). 
R = Romanus, llth century. 
U = Upsaliensis, llth century. 
D = Dominicanus, llth or 12th century. 
L = Leidensis, 12th century. 

ti 

A = Aginnensis, 13th century. 
a = later part of A, 14th century. 
Frag. Haverk. = Fragmentum Haverkampianum (cf. 

Conway and Walters, vol. i., Praef. ix. 1 ). 
M 1 , 3/ 2 , etc., denote corrections made by the 
original scribe or a later corrector. 
When it is impossible to identify the 
corrector M x is employed. 

O = such of the above MSS. as contain the 
passage in question and are not otherwise 
reported. 

S = one or more of the late MSS. or early 
printed texts. 



ix 



ABBREVIATIONS 

Aid. (or ed. Aid) = the Aldine edition, Venice, 1518. 
Cassiod. = Cassiodorius. 

Class. Quart. = The Classical Quarterly, London, 1907 ff. 
C. I. L. Corpus Inscriptionum Latinarum, vol. i. 2 Berlin, 

1893-5. 

Diod. = Diodorus Siculus. 
Dion. Hal. = Dionysius of Halicarnassus. 



LIVY 

FROM THE FOUNDING OF THE CITY 

BOOK III 



T. LIVI 

AB URBE CONDITA 
LIBER III 

I. ANTIO capto T. Aemilius et Q. Fabius consules 
fiunt. Hie erat Fabius 1 qui unus exstinctae ad 
Cremeram genti superfuerat. lam priore consulatu 
2 Aemilius dandi agri plebi fuerat auctor ; itaque 
secundo quoque consulatu eius et agrarii se in spem 
legis erexerant, et tribuni, rem contra consules saepe 
temptatam adiutore utique consule obtineri posse 
rati, suscipiunt; et consul manebat in sententia sua. 

3 Possessores et magna pars patrum, tribuniciis se 
iactare actionibus principem civitatis et largiendo 
de alieno popularem fieri querentes, totius invidiam 

4 rei a tribunis in consulem averterant. Atrox certa- 
rnen aderat, ni Fabius consilio neutri parti acerbo 

1 Fabius 5- : Fabius Quinctius n. 
2 



LIVY 

FROM THE FOUNDING OF THE CITY 

BOOK III 

I. AFTER the capture of Antium, Titus Aemilius and B.C. 
Quintus Fabius were elected consuls. This was that 467 
Fabius who had been the sole survivor of his family 
destroyed at the Cremera. 1 In his former consulship 
Aemilius had already supported the assignment of 
land to the plebs. Consequently, when he entered a 
second time upon the office, not only had the agrarians 
begun to have hopes of a law, but the tribunes, 
who had often tried to carry the measure against 
the opposition of the consuls, now took it up in the 
belief that with the co-operation of a consul it 
could certainly be made good ; and the consul 
continued of the same mind. The possessors ol the 
land, comprising a large proportion of the patricians, 
complained that the head of the state was openly 
supporting tribunician policies and making himself 
popular by a generosity exhibited at other men's ex- 
pense ; they thus diverted the resentment awakened 
by the whole affair from the tribunes to the consul. 
A bitter struggle was impending, when Fabius, by a 
proposal which neither side found injurious, set the 

1 See n. 1. 11. 



LIVY 

<LTJ.O. rem expedisset : T. Quincti l ductu et auspicio agri 

6 captum 2 priore anno aliquantum a Volscis esse ; An- 

tium, opportunam 3 et maritimam urbem, coloniam 

deduci posse ; ita sine querellis possessorum plebem 

in agros ituram, civitatem in concordia fore. Haec 

6 sententia accepta est. Triumviros agro dando creat 

7 T. Quinctium A. Vergiiiium P. Furium. lussi nomina 
dare qui agruni accipere vellent. Fecit statim, ut fit, 
fastidium copia, adeoque pauci nomina dedere ut 
ad explendum numerum coloni Volsci adderentur ; 
cetera multitude poscere Romae agrum malle quam 

8 alibi accipere. Aequi a Q. Fabio is eo cum exer- 
citu venerat pacem petiere, inritamque earn ipsi 
subita incursione in agrum Latinum fecere. 

A-tr .r. II Q. Servilius 4 insequenti anno is enim cum Sp. 

.88-289 

Postumio consul fuit in Aequos missus in Latino 
agro stativa habuit. 5 Quies necessaria morbo im- 

2 plicitum exercitum tenuit. Extractum in tertium 
annum bellum est Q. Fabio et T. Quinctio consuli- 
bus. Fabio extra ordinem, quia is victor pacem 

3 Aequis dederat, ea provincia data. Qui baud dubia 
spe profectus famam nominis sui pacaturam Aequos, 
legates in concilium gentis missos nuntiare iussit 
Q. Fabium consulem dicere se ex Aequis pacem 

1 T. Quincti E-: L. Quincti (or Quinti) n. 

2 captum Cobet : capti n. 

3 opportunam Madvig : propinquam opportunam fl. 

* Q. Servilius $- : Quintius (or Quinctius) Seruilius n. 
6 stativa habuit POII? : statiua habuit castra MURDL?: 
Btatiua abiit ; castra F. 



BOOK III. i. 4-n. 3 

matter right. Under the leadership and auspices of B.C. 467 
Titus Quinctius, as he pointed out, a considerable 
territory had been conquered the year before from the 
Volsci ; Antium, a well-situated maritime city, could 
be made the seat of a colony ; in this way the 
piebs would obtain farms without causing the land- 
holders to complain, and the state would be at 
harmony. This suggestion was adopted. As com- 
missioners for distributing the land Fabius appointed 
Titus Quinctius, Aulus Verginius, and Publius Furius, 
and it was ordered that those who wished to receive 
grants should give in their names. There at once 
appeared the fastidiousness which usually attends 
abundance, and so few persons enrolled that Volscian 
colonists were added to fill out the number; the 
rest of the populace preferred demanding land at 
Rome to receiving it elsewhere. The Aequi begged 
Quintus Fabius, who had invaded their country, to 
grant them peace ; and broke it themselves by a 
sudden raid on Latin territory. 

II. Quintus Servilius, being sent against the Aequi B - c - 
in the following year when he and Spurius Postumius 
were consuls made a permanent camp in the Latin 
country, where the army was attacked by a pestilence 
which deprived it of the power to act. The war 
dragged on into its third year, the consulship of 
Quintus Fabius and Titus Quinctius. To Fabius 
was given the command against the Aequi, without 
the customary drawing of lots, since he had been 
victorious over them and had granted them peace. 
Setting out in the full expectation that the glory 
of his name would bring the enemy to terms, he 
sent envoys to their national council and bade them 
announce that Quintus Fabius the consul said that 



LIVY 

A.U.O. Romam tulisse. ab Roma Aequis bellum adferre 

;88-liS9 

eadem dextera armata quam pacatam illis antea 

4 dederat. Quorum id perfidia et periurio fiat deos 

nunc testes esse, mox fore ultores. Se tamen, 

utcumque sit, etiam nunc paenitere sua sponte Aequos 

6 quam pati hostilia malle. Si paeniteat, tutum re- 

ceptum ad expertam clementiam fore : sin periurio 

gaudeant, dis magis iratis quam hostibus gesturos 

6 bellum. Haec dicta adeo nihil moverunt quemquam 
ut legati prope violati sint exercitusque in Algidum 

7 adversus Romanos missus. Quae ubi Romam sunt 
nuntiata, indignitas rei magis quam periculum con- 
sulem alterum ab urbe excivit. Ita duo consulares 
exercitus ad hostem accessere acie instructa ut con- 

8 festim dimicarent. Sed cum forte baud multum 
diei superesset, unus ab statione hostium exclamat : 

9 " Ostentare hoc est, Romani, non gerere bellum. In 
noctem imminent em aciem instruitis ; longiore luce 
ad id certamen quod instat nobis opus est. Crastino 
die oriente sole redite in aciem ; erit copia pugnandi 5 

10 ne timete." His vocibus inritatus miles in diem 
posterum in castra reducitur, longam venire noctem 
ratus quae moram certamini faceret. Turn quidem 
corpora cibo somnoque curant ; ubi inluxit postero 
6 



BOOK III. ii. 3-10 

he had brought peace from the Aequi to Rome, and B.C. 
was then bringing war from Rome to the Aequi in 
the same right hand, now armed, which he had 
formerly given them in friendship. Whose faith- 
lessness and perjury were responsible for this, the 
gods were even then witnesses, and would presently 
punish the offenders. Yet however that might 
be, he would himself prefer that the Aequi should 
even now freely repent, instead of suffering the 
penalties of war. If they did so, they could count 
on a safe refuge in the clemency they had already 
proved ; but if they rejoiced in perjury, it was rather 
with the angry gods than with their enemies that 
they would be at war. So far were these words 
from having the slightest effect on anyone, that the 
envoys narrowly escaped violation, and an army 
was dispatched to Algidus against the Romans. 
On the arrival of this news at Rome, the insult, 
rather than the danger, brought the other consul 
out from the City. And so two consular armies 
approached the enemy, drawn up in line of battle, 
that they might instantly engage them. But since 
it happened to be near the end of the day, a man 
called out to them from an outpost of the enemy, 
"This, Romans, is making a parade of war, not 
waging it. When night is about to fall, you draw 
up your battle-line ; we need more hours of daylight 
for the struggle which is close at hand. To-morrow 
at sunrise form your battle-line again ; there will be 
opportunity for fighting, never fear ! " Galled by 
these words the troops were led back to their camp 
to await the morrow ; the night would be a long one, 
they felt, that must intervene before the combat. 
Meanwhile they refreshed themselves with food and 



LIVY 

4 v.r. die, prior aliquanto constitit Romana acies ; tandem 

73S-289 

U et Aequi processere. Proelium fit utrimque ve- 
hemens, quod et Romanus ira odioque pugnabat et 
Aequos conscientia contract! culpa periculi et 
desperatio futurae sibi postea fidei ultima audere 

12 et experiri cogebat. Non tamen sustinuere aciem 
Romanam Aequi ; pulsique cum in fines suos se 
recepissent, nihilo inclinatioribus ad pacem animis 
ferox multitudo increpare duces, quod in aciem, qua 
pugnandi arte Romanus excellat, commissa res sit ; 

13 Aequos populationibus incursionibusque meliores 
esse, et multas passim manus quam magnam molem 
unius exercitus rectius bella gerere. 

III. Relicto itaque castris praesidio egressi tanto 
cum tumultu invasere fines Romaiios ut ad urbem 

2 quoque terrorem pertulerint. Necopinata etiam res 
plus trepidationis fecit, quod nihil minus quam ne 
victus ac prope in castris obsessus hostis memor 

3 populations esset timeri poterat, agrestesque pavidi 
incidentes portis non populationem nee praedonum 
parvas manus, sed omnia vano augentes timore 
exercitus et legiones adesse hostium et infesto 

4 agmine ruere ad urbem clamabant. Ab his proximi 1 
audita incerta eoque vaniora ferre ad alios. Cursus 

1 proximi $- : proxume MUD : proxime VL : proximum 
(-umum H) n. 

8 



BOOK III. ii. lo-in. 4 
sleep. When it grew light next morning, the Roman B -- 

i ii c. u j.- i c , i 460-405 

army took the held, some time before the enemy. At 
last the Aequi too came out. The battle raged 
fiercely on both sides, for the Romans fought with 
exasperation and hatred, while the Aequi were con- 
scious that the danger in which they were involved 
was due to their own fault, and this, with their 
despair of ever being trusted again, incited them to 
the last degree of daring and exertion. Neverthe- 
less they were unable to withstand the attack of 
the Romans. And yet, when they had been de- 
feated and had fallen back to their own territory, 
the warlike soldiers, their spirit as little inclined to 
peace as ever, complained against their generals for 
having staked the cause on a pitched battle, a 
species of fighting in which the Romans excelled ; 
the Aequi, they said, were better at pillaging and 
raiding, and a number of scattered bands could 
make war more effectively than the great mass of 
a single army. 

III. Leaving a garrison, therefore, in their camp, 
they crossed the Roman border in so headlong an 
incursion as to carry terror even to the City. 
Moreover, the unexpectedness of the inroad added 
to the alarm, for nothing could have been appre- 
hended less than that an enemy who was defeated 
and almost shut up in his camp should be thinking 
of a raid ; and the country people who in their 
fright came tumbling in through the gates told not 
of pillaging nor of small bands of raiders, but, exag- 
gerating everything in their senseless fear, cried out 
that whole armies of the enemy were close at hand 
and rushing on the City in a serried column. The very 
vagueness of these rumours led to further exaggera- 



LIVY 

A o.c. clamorque vocantium ad arma baud multum a navore 

**sX *'8Q 

5 captae urbis abesse. Forte ab Algido Quinctius 
consul redierat Romam. Id remedium timori fait ; 
tumultuque sedato victos timer! increpans hostes 

6 praesidia portis imposuit. Vocato dein senatu cum 
ex auctoritate patrum iustitio indicto profectus ad 
tutandos fines esset Q. Servilio praefecto urbis relicto, 

7 hostem in agris non invenit. Ab altero consule res 
gesta egregie est ; qui, qua venturum hostem sciebat, 
gravem praeda eoque impeditiore agmine incedentem 

8 adgressus funestam populationem fecit. Pauci hosti- 
um evasere ex insidiis ; praeda omriis recepta est. 
Sic finem iustkio, quod quadriduum fuit_, reditus 
Quincti consulis in urbem fecit. 

9 Census deinde actus et conditum ab Quinctio 
lustrum. Censa civitim capita centum quattuor milia 
septingenta l quattuordecim dicuntur praeter orbos 

10 orbasque. In Aequis nihil deinde memorabile actum. 
In oppida sua se recepere, uri sua popularique passi. 
Consul, cum aliquotiens per omnem hostium agrum 
infesto agmine populabundus isset, cum ingenti 
laude praedaque Romam rediit. 
A.TT.C. IV. Consules inde A. Postumius 2 Albus Sp. 

290 

1 septingenta Weisscnlorn (cf. Periocha) : ace n : et cc RL : 
et cc (ivith suprascript ti) D. 

2 A. Postumius R*>. Pighius (cf. C.I.L. i 2 , p. 103): an 
Postumius M : Postumius C 1 . 



1 The iustitium also involved the closing of shops and a 
general suspension of business. 

10 



BOOK III. in. 4-iv. i 

tion as the bystanders passed them on to others. B.C. 
The running and shouting of men as they called 466 ~ 46 
"To arms ! " was almost like the panic in a captured 
city. It chanced that the consul Quinctius had 
returned from Algidus to Rome. This circumstance 
allayed men's fears, and when the confusion had 
been stilled, he indignantly reminded them that 
the enemy they dreaded had been conquered, and 
posted watches at the gates. He then convened 
the senate, and in accordance with a resolution which 
the Fathers passed, proclaimed a suspension of the 
courts. 1 After that he set out to defend the frontier, 
leaving Quintus Servilius as prefect of the City, but 
did not meet with the enemy in the field. The other 
consul campaigned with great success. Knowing 
where the enemy would come, he fell upon them 
when they were weighed down with the booty which 
incumbered their advancing column, and caused 
them bitterly to rue their pillaging. But few of 
them escaped the ambush, and the spoils were all 
recovered. So the suspension of the courts, which 
had lasted four days, was lifted on the return of the 
consul Quinctius to the City. 

The census was then taken and Quinctius solemn- 
ized the concluding purification. There are said to 
have been registered 104,714 citizens, besides orphans 
and widows. In the Aequian country there was no 
memorable action after that ; the people retired to 
their towns, and permitted their farms to be burnt 
and ravaged. The consul made a number of forays 
with his army throughout the enemy's territory, and 
returned to Rome with great renown and huge 
spoils. 

IV. The next consuls were Aulus Postumius B.C. 404 

ii 



LIVY 

'.t'.c. Furius Fusus. 1 Furios Fusios 2 scripsere quidain ; 
id admoneo, ne quis immutationem virorum ipsorum 

2 esse quae nominum est putet. Haud dubium erat 
quin cum Aequis alter consulum bellum gereret. 
Itaque Aequi ab Ecetranis Volscis praesidium 
petiere ; quo cupide oblato adeo civitates hae 3 
perpetuo in Romanes odio certavere bellum summa 

3 vi parabatur. Sentiunt Hernici et praedicuntRomanis 
Ecetranum ad Aequos descisse. Suspecta et colonia 
Aiitium fuit, quod magna vis hominum inde, cum 
oppidum cap turn esset, confugisset ad Aequos ; isque 
miles per bellum Aequicum vel acerrimus fuit. 

4 Compulsis deinde in oppida Aequis ea multitudo 
dilapsa cum Antium redisset, sua sponte iam infidos 

5 colonos Romanis abalienavit. Necdum matura re 
cum defectionem parari delaturn ad senatum esset, 
datum negotium est consulibus ut principibus coloniae 

6 Roman) excitis quaererent quid rei esset. Qui cum 
hand gravate venissent, introducti a consulibus ad 
senatum ita responderunt ad interrogata, ut magis 
suspecti quam venerant dimitterentur. 

7 Bellum inde baud dubium haberi. Sp. Furius, con- 
sulum alter, cui ea provincia evenerat, profectus in 
Aequos Hernicorum in agro populabundum hostem 
invenit ignarusque multitudinis, quia nusquam uni- 

1 Fusus Uigonius (C.I.L. i 2 , p. 116) : Fuscus n. 

2 Furios Fusios $- : Furios (or -us) Fusios Fabios H. 

3 hae : haec H : eae VD* : ae or aee or se (omitted ly 
17) fl. 



1 Fusius is in fact only an earlier form of Furius. By 
300 B.C. intervocalic s had developed into r. Livy is puzzled 
by the same thing in chap. viii. 

12 



BOOK III. iv. 1-7 

Albus and Spurius Furius Fusus. (Some writers n.o.464 
spell the name Fusius instead of Furius, which I 
note lest anybody should regard as a substitution of 
one man for another what is really only a matter of 
names.) 1 There was no doubt but that one consul 
would make war on the Aequi, and these accordingly 
appealed to the Ecetranian Volsci for help. It was 
eagerly granted them such was the rivalry between 
these nations in inveterate hatred of Rome and the 
most vigorous preparations were made for war. The 
Hernici perceived, and warned the Romans, that 
Ecetra had gone over to the Aequi. Suspicion 
already rested on the colony of Antium, on the 
ground that a large body of men, escaping from the 
place at the time of its capture, had taken refuge 
with the Aequi ; and in fact they fought with the 
greatest spirit all through the Aequian war ; after- 
wards, when the Aequi had been shut up in their 
towns, this company dispersed, returned to Antium, 
and won over the colonists, who were even then at 
heart disloyal to the Romans. The plot was not yet 
ripe when their proposed defection was reported to 
the senate, and the consuls were instructed to 
summon the leaders of the colony to Rome and 
inquire what was going on. These men made no 
objection to coming, but on being introduced into 
the senate by the consuls returned such answers to 
the questions they were asked that they were under 
a stronger suspicion when dismissed than they had 
been on their arrival. 

War was from that moment regarded as certain. 
Spurius Furius, one of the consuls, having received 
that command, set out against the Aequi. In the 
country of the Hernici he found the enemy engaged 

13 



LIVY 

A.D.O. versa conspecta fuerat, imparem copiis exercitum 

8 temere pugnae commisit. Primo concursu pulsus 
se intra castra recepit. Neque is finis periculi fuit ; 
namque et proxima nocte et postero die tanta vi 
castra sunt circumsessa atque oppugnata ut ne 

9 nuntius quidem inde mitti Romam posset. Her- 
nici et male pugnatum et consulem exercitumque 
obsideri nuntiaverunt tantumque terrorem incussere 
patribus ut, quae forma senatus consulti ultimae 
semper necessitatis habita est, Postumio, alteri con- 
sulum, negotiurn daretur videret ne quid res publica 

10 detriment! caperet. Ipsum consulem Romae manere 
ad conscribendos omnes qui arma ferre possent opti- 
mum visum est : pro consule T. Quinctium subsidio 

1 1 castris cum sociali exercitu mitti ; ad eum explendum 
Latini Hernicique et colonia Antium dare Quinctio 
subitarios milites ita turn repentina auxilia appella- 
bant iussi. 

V. Multi per eos dies motus multique impetus 
hinc atque illinc facti, quia superante multitudine 
liostes carpere multifariam vires Romanas, ut non 

2 sufFecturas ad omnia, adgressi sunt ; simul castra 
oppugnabantur, simul pars exercitus ad populandum 
agrum Romanum missa urbemque ipsam, si qua 

3 fortuna daret, temptandam. L. Valerius ad praesi- 
dium urbis relictus, consul Postumius ad arcendas 



1 The ultimum senatus consultum conferred dictatorial 
powers on the consul, and amounted to declaring a state of 
martial law. 



BOOK III. iv. y-v. 3 

in marauding, and being ignorant of their strength, B.C. 464 
because they had never all been seen together, rashly 
offered battle with an army which was no match for 
theirs in numbers. At the first attack he was 
repulsed and withdrew into his camp. Nor did this 
end his danger, for both that night and the following 
day his camp was so vigorously hemmed in and 
assaulted that not even a messenger could be got 
off to Rome. The Hernici reported the defeat and 
blockade of the consul and his army, striking such 
terror into the hearts of the senators that they passed 
a decree which has always been held to signify the 
direst necessity : that Postumius, the other consul, 
should be commissioned to see to it that the republic 
took no hurt. 1 It was deemed wisest that the consul 
himself should remain in Rome, to enroll all who 
were capable of bearing arms ; and that a proconsul, 
Titus Quinctius, should be sent, with an army of the 
allies, to relieve the camp. In order to fill out this 
army the Latins and the Hernici and the colony of 
Antium were commanded to furnish Quinctius with 
" emergency-men," as they used then to term 
hastily-levied auxiliaries. 

V. There was much manoeuvring during the days 
that followed, and many attacks were delivered in 
one place or another, for the enemy, having a pre- 
ponderance of numbers, set about harassing the 
Roman forces in many places, with the expectation 
that they would prove unequal to all the demands 
that were made upon them ; at the same time that 
they were besieging the camp, a part of their army 
was sent to devastate the Roman fields and to attack 
the City itself, should an opportunity offer. Lucius 
Valerius was left to defend the City, while the consul 



LIVY 
A.C.O. 4 populationes finium missus. Nihil remissum ab ulla 

J90 

parte curae aut laboris ; vigiliae in urbe, stationes 
ante portas, praesidiaque in muris disposita, et quod 
necesse erat in tanto tumultu, iustitium per aliquot 
6 dies servatum. Interim in castris Furius consul cum 
primo quietus obsidionem passus esset, in incautum 
hostem decumana porta erupit, et cum persequi 
posset, metu substitit, ne qua ex parte altera in castra 

6 vis fieret. Furium legatum frater idem consulis 
erat longius extulit cursus ; nee suos ille redeuntes 
persequendi studio neque hostium ab tergo incursum 
vidit. Ita exclusus multis saepe frustra conatibus 
captis ut viani sibi ad castra faceret, acriter dimicans 

7 cecidit, et consul nuntio circumventi fratris conversus 
ad pugnam, dum J se temere magis quam satis caute 
in mediam dimicationem infert, volnere accepto aegre 
ab circumstantibus ereptus et suorum animos turbavit 

8 et ferociores hostes fecit ; qui caede legati et con- 
sulis volnere accensi nulla deinde vi sustineri potuere, 
ut 2 compulsi in castra Romani rursus obsiderentur 
nee spe nee viribus pares ; venissetque in periculum 
summa rerum, ni T. Quinctius peregrinis copiis, 

9 Latino 3 Hernicoque exercitu, subvenisset. Is in- 



1 pugnam, dum f : pugnandum fl. 

2 ut Conway and Walters : cum n. 

3 Latino Madvig : cum Latino n. 



1 The porta decumana was normally in the west wall, 
in these wars usually farthest from the enemy, hence its use 
in this surprise attack. 

16 



BOOK III. v. 3-9 

Postumius was sent out to protect the frontier from B.C. 404 
pillage. There was no relaxation anywhere of 
vigilance or effort ; watches were set in the City, 
outposts were established before the gates, and 
troops were posted on the walls ; and, as was neces- 
sary in the midst of such confusion, the courts were 
suspended for several days. In camp meanwhile the 
consul Furius, having begun by submitting tamely 
to the blockade, caught the Aequi off' their guard, 
and made a sortie by the decuman gate. 1 He might 
have pursued the enemy, but stopped for fear the 
camp might be assailed from the opposite quarter. 
The lieutenant Furius, a brother of the consul, was 
carried a good way off by his charge, nor did he 
observe, in the ardour of pursuit, either that his 
friends were retiring or that the enemy were moving 
up to attack him in the rear. His retreat was thus 
cut off, and after repeated but unsuccessful attempts 
to force his way back to the camp, he perished, 
fighting bravely. The consul too, upon learning 
that his brother was surrounded, set his face towards 
the battle and plunged into the midst of the mellay, 
with more rashness than prudence ; for he received 
a wound, and was barely rescued by the men about 
him. This misfortune dismayed his own troops and 
quickened the courage of the enemy, who were so 
inspirited by the death of the lieutenant and the 
wounding of the consul that from that moment no 
force could withstand them, and the Romans were 
driven into their camp and again besieged, being no 
match for their opponents either in confidence or 
strength. The very existence of the army would 
have been imperilled, had not Titus Quinctius come 
up with the foreign troops, the Latins and Hernici. 

17 



LIVY 

A.U.C. tentos in castra Romana Aequos legatique caput 
ferociter ostentantes ab tergo adortus simul ad 
signum a se procul editum ex castris eruptione facta 

10 magnam vim hostium circumvenit. Minor caedis, 
fuga effusior Aequorum in agro fuit Romano, in quos 
palatos praedam agentes Postumius aliquot locis, 
quibus opportuna imposuerat praesidia, impetum 
dedit. Hi vagi dissipato agmine fugientes in Quinc- 
tium victorem cum saucio 1 consul e revertentem in- 

1 1 cidere. Turn consulans exercitus egregie 2 consulis 
volnus, legati et cohortium ultus est caedem. Magnae 
clades ultro citroque illis diebus et inlatae et ac- 

12 ceptae. Difficile ad fidem est in tarn antiqua re 
quot pugnaverint ceciderintve exacto adfirmare nu- 
mero ; audet tamen Antias Valerius concipere sum- 

13 mas : Romanes cecidisse in Hernico agro quinque 
milia octingentos : ex praedatoribus Aequorum qui 
populabundi in finibus Romanis vagabantur ab A. 
Postumio consule duo milia et quadringentos caesos : 
ceteram multitudinem praedam agentem, quae in- 
ciderit in Quinctium, nequaquam pari defunctam 
esse caede : interfecta inde quattuor milia et, exse- 
quendo subtiliter numerum, ducentos ait et triginta. 

14 Ut Romam reditum est, 3 iustitium remissum. 4 
Caelum visum est ardere plurimo igni, portentaque 

1 cum saucio Z>V : a saucio : cum (or turn) a saucio (or 
sautio) n. 

2 egregie Conway: egregiae M : egregia pugna n. 

3 reditum est et Conway and Walters : reditum est n. 

4 remissum Gruter : remissum est A. 

18 



BOOK III. v. 9-14 

He found the Aequi intent on the Roman camp, and B.C. 464 
truculently displaying the head of the lieutenant. 
Attacking them in the rear, while the besieged, in 
answer to a signal he had given them from afar, 
were making a sally from the camp, he intercepted a 
large body of them. There was less carnage but a 
more headlong rout in the case of the Aequi who 
were in Roman territory. These men were dispersed 
and collecting booty when they were attacked by 
Postumius at several points where he had opportunely 
stationed troops. The pillagers, fleeing in a dis- 
ordered crowd, fell in with Quinctius, who was return- 
ing from his victory with the wounded consul ; 
whereupon the consular army splendidly avenged the 
consul's wound and the slaughter of the lieutenant 
and his cohorts. Heavy losses were inflicted and 
sustained on both sides at that time. It is hard to 
make a trustworthy statement, in a matter of such 
antiquity, as to just how many fought and how 
many fell ; yet Valerius Antias ventures to specify 
the totals, saying that the Romans lost five thousand 
eight hundred in the country of the Hernici; that 
of the Aequian marauders who were roaming about 
and pillaging within the Roman borders two thousand 
four hundred were slain by Aulus Postumius, the 
consul ; and that the rest of the expedition, which 
stumbled upon Quinctius as they were driving off 
their booty, got off by no means so lightly, for 
their killed amounted, so he says, with minute 
particularity, to four thousand two hundred and 
thirty. 

When the army had returned to Rome, and the 
suspension of the courts was ended, the heavens 
were seen to blaze with numerous fires, and other 

19 



LIVY 

A.TT.O. alia aut obversata oculis aut vanas exterritis ostenta- 

''90 

vere species. His avertendis terroribus in triduum 

feriae indictae, per quas omnia delubra pacein deum 

exposcentium virorum mulierumque turba imple- 

16 bantur. Cohortes inde Latinae Hernicaeque ab 

senatu gratiis ob impigram militiam actis remissae 

domos. Antiates mille milites, quia serum auxilium 

post proelium venerant, prope cum ignominia dimissi. 

A.U.O. VI. Comitia inde habita ; creati consules L. 

201 

Aebutius P. Servilius. Kal. Sextilibus, ut tune 

2 principium anni agebatur, consulatum ineunt. Grave 
tempus et forte annus pestilens erat urbi agrisque 
nee hominibus magis quam pecori ; et auxere vim 
morbi terrore populationis pecoribus agrestibusque 

3 in urbem acceptis. Ea conluvio * mixtorum omnis 
generis animantium et odore insolito urbanos et 
agrestem confertum in arta tecta aestu ac vigiliis 
angebat, ministeriaque in vicem ac contagio ipsa 

4 volgabant morbos. Vix instantes sustinentibus clades 
repente legati Hernici nuntiant in agro suo Aequos 
Volscosque coniunctis copiis castra posuisse, inde 

6 exercitu ingenti fines suos depopulari. Praeterquam 
quod infrequens senatus indicio erat sociis adflictam 
civitatem pestilentia esse, maestum etiam responsum 

1 conluvio 5- : conluuione H. 



1 The official year began at various times in different 
periods, until, in 153 B.C., the 1st of January was adopted. 

20 



BOOK III. v. i 4 -vi. 5 

portents either were actually seen or were due to B.C. 464 
the illusions of the terror-stricken observers. To 
avert these alarms a three days' season of prayer 
was ordered, and during this period all the shrines 
were crowded with a throng of men and women 
beseeching the pardon of the gods. After that the 
cohorts of the Latins and the Hernici were thanked 
by the senate for their energetic service and sent 
home. A thousand men from Antium who had 
come too late to help, when the battle was over, 
were dismissed, almost in disgrace. 

VI. The elections were then held, and Lucius B - c - 4 3 
Aebutius and Publius Servilius were chosen consuls. 
On the first of August, then the beginning of the 
year, they entered office. 1 It was the sickly season, 
and chanced to be a year of pestilence both in the 
City and in the country, for beasts as well as men ; 
and the people increased the virulence of the disease, 
in their dread of pillage, by receiving flocks and 
country-folk into the City. This conflux of all kinds 
of living things distressed the citizens with its strange 
smells, while the country-people, being packed into 
narrow quarters, suffered greatly from the heat and 
want of sleep ; and the exchange of ministrations 
and mere contact spread the infection. The Romans 
could scarce endure the calamities which pressed 
hard upon them, when suddenly envoys from the 
Hernici appeared, announcing that the Aequi and 
the Volsci had joined forces arid established a camp 
in their territory, from which base they were devasta- 
ting their land with an enormous army. Not only 
did the reduced numbers of the senate show their 
allies that the nation was prostrated by the pesti- 
lence, but they also returned a melancholy answer to 

VOL. II. B 21 



LIVY 

A.n.o tulere, ut per se ipsi Hernici cum Latinis res suas 

291 

tutarentur : urbem Romanam subita deum ira morbo 
popular! ; si qua eius mail quies veniat, ut anno ante, 
8 ut semper alias, sociis opem laturos. Discessere socii 
pro tristi nuntio tristiorem domum reportantes, 1 
quippe quibus per se sustinendum bellum erat, quod 

7 vix Romanis fulti viribus sustinuissent. Non diutius 
se in Hernico hostis continuit ; pergit inde infestus 
in agros Romanos etiam sine belli iniuria vastatos. 
Ubi cum obvius nemo ne inermis quidem fieret perque 
omnia non praesidiis modo deserta sed etiam cultu 
agresti transirent, pervenere ad tertium lapidem 
Gabina via. 

8 Mortuus Aebutius erat Romanus consul ; collega 
eius Servilius exigua in spe trahebat animam ; adfecti 
plerique principum, patrum maior pars, militaris fere 
aetas omnis, ut non modo ad expeditiones, quas in 
tanto tumultu res poscebat, sed vix ad quietas 

9 stationes viribus sufficerent. Munus vigiliarum sena- 
tores, qui per aetatem ac valetudinem poterant, per 

* se ipsi obibant; circumitio ac cura aedilium plebi 
erat ; ad eos summa rerum ac maiestas consularis 
imperil venerat. 

1 reportantes V: referentes n. 



1 The plebeian aedileship had been created at the same 
time as the plebeian tribuneship, but was not mentioned by 
Livy at II. xxxiii. 2. 

22 



BOOK III. vi. 5-9 

their suit, that the Hernici, namely, with the help B.C. 463 
of the Latins, must defend their own possessions ; 
for the City of Rome, in a sudden visitation of divine 
displeasure, was being ravaged by disease ; if there 
should come any respite from their suffering, they 
would help their friends, as they had done the year 
before and on every other occasion. The allies 
departed, bearing home, in return for their sad 
tidings, a reply that was even sadder, since it meant 
that their people must sustain by themselves a war 
which thev could hardly have sustained with the 

/ . 

powerful assistance of the Romans. No longer did 
the enemy confine themselves to the country of the 
Hernici ; they proceeded thence to invade the 
Roman fields, which had been made desolate even 
without the violence of war. Encountering no one 

o 

there, not even an unarmed man, and passing through 
a country wholly destitute not only of defenders but 
also of cultivation, they came to the third milestone 
on the Gabinian Way. 

Death had taken Aebutius, the Roman consul ; 
for his colleague Servilius there was little hope, 
though he still breathed ; the disease had attacked 
most of the leading men, the greater part of the 
senators, and almost all of military age, so that their 
numbers were not only insufficient for the expedi- 
tions which so alarming a situation called for, but. 
were almost too small for mounting guard. The 
watchmen's duty was performed by those of the 
senators themselves whose years and strength 
admitted of it ; the rounds were made and the 
watches supervised by the plebeian aediles; 1 into 
their hands had passed the supreme control, and the 
majesty of consular authority. 

2 3 



LIVY 

VII. Deserta omnia, sine capite, sine viribus, di 
praesides ac fortuna urbis tutata est, quae Volscis 
Aequisque praedonum potius men tern quam hostium 

2 dedit ; adeo enim nullam spem non potiundi modo. 
sed ne adeundi quidem Romana moenia animus J 
eorum cepit tectaque procul visa atque imminentes 

3 tumuli avertere mentes eorum, ut totis passim castris 
fremitu orto, quid in vasto ac deserto agro inter tabem 
pecorum hominumque desides sine praeda tempus 
tererent, cum integra loca, Tusculanum agrum opi- 
mum copiis,petere possent,signa repente convellerent 
transversisque itineribus per Labicanos 2 agros in Tus- 
culanos colles transirent. Eo vis omnis tempestas- 

4 que belli conversa est. Interim Hernici Latinique, 
pudore etiam, non misericordia solum moti, si nee 
obstitissent communibus hostibus infesto agmine 
Rornanam urbem petentibus nee opem ullam obsessis 
sociis ferrent, coniuncto exercitu Romam pergunt. 

5 Ubi cum hostes non invenissent, secuti famam ac 
vestigia obvii fiunt descendentibus ab Tusculana 3 in 
Albanam vallem. Ibi haudquaquam aequo proelio 
pugnatum est, fidesque sua sociis parum felix in 
praesentia fuit. 

6 Haud minor Romae fit morbo strages quam quanta 
ferro sociorum facta erat. Consul qui unus supererat 
moritur ; mortui et alii clari viri, M. Valerius, 4 T. 

1 animus 5- : animos n. 
* Labicanos V : lauicanos H. 
8 Tusculana VMHD ? L : Tusculano PFUBOD*. 
4 M. Valerius II : M'. Valerius (identifying him with the 
M'. Valerius of II. xxx. 5, and (?) in. xxv. 2) Pighius. 

24 



BOOK III. vn. 1-6 

VII. In this helpless plight, without a leader and B .o. 463 
without strength, the commonwealth was saved by 
its tutelary gods and the good fortune of the City, 
which inspired the Volsci and Aequi with the 
spirit of plunderers rather than of soldiers. For 
they were so far from entertaining any hope of 
approaching, not to speak of capturing, the walls of 
Rome, and the distant sight of her roofs and beetling 
hills so damped their ardour, that the entire army 
began to murmur, and to ask why they should waste 
their time in desolate and abandoned fields, where 
bodies of beasts and men lay rotting and there was 
no booty, when they might be invading an unspoiled 
country, the land of Tusculum, abounding in wealth ; 
so they suddenly pulled up their standards, and 
passed by cross-roads through the Labican fields to 
the hills of Tusculum, and on that point all the 
impetus and fury of the war converged. Mean- 
while the Hernici and Latins, moved not by pity 
alone but by shame, if they should fail to oppose 
the common enemy, advancing in force against the 
City of Rome, and should bring no assistance to 
their besieged allies, united their armies and pro- 
ceeded to the City. Failing to find the enemy 
there, but following the report and traces of 
his march, they met him as he was coming down 
from the Tusculan valley into that of Alba. There 
they engaged the invaders on far from equal terms, 
and their loyalty to their friends was for the moment 
not attended with success. 

In Rome the ravages of the disease were no less 
fatal than those of the sword had been amongst her 
allies. The surviving consul died ; and death took 
other famous men, the augurs Marcus Valerius and 

25 



LIVY 

A.D.O. Verginius Rutulus l augures, Ser. Sulpicius curio 

7 maximus ; et per ignota capita late vagata est vis 
morbi. Inopsque senatus auxilii humani ad deos 
populum ac vota vertit. lussi cum coniugibus ac 
liberis supplicatum ire pacemque exposcere deum, 

8 ad id quod sua quemque mala cogebant auctoritate 
publica evocati omnia delubra implent. Stratae passim 
matres crinibus templa verrentes veniam irarum 
caelestium finemque pesti exposcunt. 

^.u.c. VIII. Inde paulatim seu pace deum impetrata 

seu graviore tempore anni iam circumacto defuncta 

2 morbis corpora salubriora esse incipere ; versisque 
animis iam ad publicam curam, cum aliquot interregna 
exissent, P. Valerius Publicola tertio die quam inter- 
regnum inierat consules creat L. Lucretium Tricipi- 
tinum et T. Veturium Geminum, sive ille Vetusius 

3 fuit. Ante diem tertium idus Sextiles consulatum 
ineunt iam satis valida civitate ut noil solum arcere 

4 bellum sed ultro etiam inferre posset. Igitur nun- 
tiaritibus Hernicis in fines suos transcendisse hostes 
impigre promissum auxilium. Duo consulares exercitus 
scripti. Veturius missus in Volscos ad bellum ultro 

6 inferendum : Tricipitinus populationibus arcendis 
sociorum agro oppositus lion ultra quam in Hernicos 
procedit. Veturius primo proelio hostes fundit fu- 

6 gatque : Lucretium, dum in Hernicis sedet, prae- 

1 Rutulus Gonway : Rutilus Sigonius : Rutilius n. 



1 Each of the thirty wards, or curiae (an account of their 
origin is given at i. xiii. 6), had a priest called a curio, to 
preside over its religious ceremonies. These thirty curiones 
were themselves under the presidency of a curio maximus. 

2 See note 011 chap. iv. 1. 

26 



BOOK III. vn. 6-vni. 6 

Titus Verginius Rutulus, and the head curio, 1 Servius B.C. 463 
Sulpicius ; as for the base rabble, the violence of the 
plague stalked at large amongst them ; until the 
senate, finding no help in man, sent the people to 
the gods in prayer, commanding them to take their 
wives and children and supplicate Heaven for for- 
giveness. Thus summoned by the state's authority 
to do what each was impelled to by his own distress, 
they crowded all the shrines. Everywhere were 
prostrate matrons, sweeping the floors of the temples 
with their hair, while they besought the angry gods 
to grant them pardon and end the pestilence. 

VIII. After that, little by little, whether it was B.C. 4C2 
that the gods had been persuaded to forgive or that 
the sickly season was now past, those whose disease 
had run its course began to regain their health ; 
and men's thoughts now turned to the common- 
wealth. Several interregna had expired, when 
Publius Valerius Publicola, three days after being 
made interrex, declared the election to the consul- 
ship of Lucius Lucretius Tricipitinus and Titus 
Veturius Geminus or Vetusius, if that was his 
name. 2 On the llth of August they took office, the 
nation being by that time so strong that it was able 
not only to defend itself, but even to assume the 
offensive. Accordingly , when the Hernici reported 
that the enemy had crossed their borders, they were 
promptly offered assistance. Two consular armies 
were enlisted ; Veturius was sent to carry the war 
into the country of the Volsci ; while Tricipitinus, 
having been appointed to secure the territory of the 
allies from inroads, proceeded no further than the 
land of the Hernici. Veturius in his first battle 
defeated and routed his opponents ; Lucretius, while 

27 



LIVY 
A.U.C. donum agmen fefellit supra montes Praenestinos 

292 

ductum, inde demissum 1 in campos. Vastavere agros 
Praenestinum Gabinumque ; ex Gabino in Tuscu- 

7 lanos flexere colles ; urbi quoque Romae ingens 
praebitus terror, magis in re subita quam quod ad 
arcendam vim parum virium esset. Q. Fabius prae- 
erat urbi. Is armata iuventute dispositisque praesidiis 

8 tuta omnia ac tranquilla fecit. Itaque hostes praeda 
ex proximis locis rapta adpropinquare urbi non ausi, 
cum circumacto agmine redirent quanto longius ab 
urbe hostium abscederent eo solutiore cura, in Lucre- 
tium incidunt consulem, iam ante exploratis itineribus 

9 suis instructum et ad certamen intentum. Igitur 
praeparatis animis repentino pavore perculsos adorti 
aliquanto pauciores multitudinem ingentem fundunt 
fugantque et compulsos in cavas valles, cum exitus 

10 baud in facili essent, circumveniunt. Ibi Volscum 
nomen prope deletum est. Tredecim milia quad- 
ringentos septuaginta cecidisse in acie ac fuga, mille 
septingentos quinquaginta vivos captos, signa viginti 
septem militaria relata in quibusdam annalibus in- 
venio ; ubi etsi adiectum aliquid numero sit, magna 

1 1 certe caedes fuit. Victor consul ingenti praeda potitus 

1 demissum U ': missum VH: dimissum fi. 
28 



BOOK III. vni. 6-1 1 

encamped among the Hernici, was eluded by a BC - 462 
company of raiders, who marched over the moun- 
tains of Praeneste and thence down into the cam- 
pagna ; there they laid waste the Praenestine and 
Gabinian fields ; and from the latter district turned 
towards the hills about Tusculum. The City of 
Rome itself received a great fright, more on account 
of the surprise than from any lack of resources for 
defence. Quintus Fabius was in charge of the City. 
Arming the young men and disposing his defences, 
he made everything secure and tranquil. And so 
the enemy, having laid hold of the plunder in 
their immediate neighbourhood, did not venture to 
approach Rome, but making a detour, set out towards 
home. The farther they got from the hostile City 
the less was their anxiety, till they came unex- 
pectedly upon Lucretius the consul, who having 
already marked their line of march, had drawn up 
his troops and was eager to fight. The spirits of 
the Romans were therefore prepared for their task, 
while the enemy were stricken with a sudden panic 
on being attacked, though by somewhat inferior 
numbers. The Romans completely routed the great 
multitude, and driving them into deep valleys, from 
which escape was difficult, surrounded them. There 
the Volscian name was almost blotted out. Thirteen 
thousand four hundred and seventy fell in the 
battle and the flight, seventeen hundred and fifty 
were taken alive, and twenty-seven military standards 
were brought in, as I find recorded in certain annals ; 
and though there may be some exaggeration of the 
numbers, it was beyond question a great slaughter. 
The victorious consul, in possession of enormous 
spoils, returned to the permanent camp he had 

29 



LIVY 

A.D.O. eodem in stativa rediit. Turn consules castra coniun- 
gunt, et Volsci Aequique adHictas vires suas in unum 
contulere. Tertia ilia pugna eo anno fuit. Eadem 
fortuna victoriam dedit ; fusis hostibus etiam castra 
capta. 

IX. Sic res Romana in antiquum statum rediit, 
secundaeque belli res extemplo urbanos motus ex- 

2 citaverunt. C. Terentilius Harsa tribunus plebis eo 
anno fuit. Is consulibus absentibus ratus locum tri- 
buniciis actionibus datum, per aliquot dies patruin 
superbiam ad plebem criminatus, maxime in consu- 
lare imperium tamquam iiimium nee tolerabile liberae 

3 civitati invebebatur. Nomine enim tantum minus 
invidiosum, re ipsa prope atrocius quam regium esse ; 

4 quippe duos pro uno dominos acceptos, immoderata, 
infinita potestate, qui soluti atque etf'renati ipsi omnis 
metus legum omniaque supplicia verterent in plebem. 

5 Quae ne aeterna illis licentia sit, legem se promulga- 
turum ut quinque viri creentur legibus de imperio 
consular! scribendis ; quod populus in se ius dederit, 
eo consulem usurum ; non ipsos libidinem ac licen- 

6 tiam suam pro lege habituros. Qua promulgata lege 
cum timerent patres ne absentibus consulibus iugum 
acciperent, 1 senatus a praefecto urbis Q. Fabio 
vocatur, qui adeo atrociter in rogationem latoremque 



1 acciperent 3/V : acciperet n. 



1 Terentilius probably aimed at restricting the power of 
the patricians by a codification of all the laws, not merely 
those, as Livy seems to think, which limited the authority 
of the consuls. The Fasti refer to the similar board actually 
created ten years later, as decemviri consulari imperio le gibus 
scribundis ("decemvirs with consular authority for writing 
the laws "), and Livy has perhaps misunderstood some such 
phrase in the annalist he was here following. 

30 



BOOK III. viii. II-I.Y. 6 

occupied before. Then the consuls encamped to- B.O. 402 
gether, and the Volsci and Aequi united their 
shattered forces. The ensuing battle was the third 
of that year. Fortune bestowed the victory where 
she had done before ; the enemy were routed, and 
even lost their camp. 

IX. Rome was thus restored to her former con- 
dition, and the success of the campaign at once 
occasioned disturbances in the City. Gaius Teren- 
tilius Harsa was tribune of the plebs that year. 
Thinking that the absence of the consuls afforded 
the tribunes an opportunity for action, he employed 
some days in complaining to the people of the pride 
of the patricians, and inveighed especially against 
the authority of the consuls, as a thing excessive 
and intolerable in a free state. For it was only in 
name, he said, that it was less hateful than that 
of a king ; in reality it was almost crueler, since in 
place of one master they had now got two, who 
possessed an unregulated and unlimited power, and 
while free themselves and without restraint, brought 
to bear all the terrors of the law and all its punish- 
ments upon the plebs. That they might not for 
ever have this licence, he was about to propose a 
law providing for the appointment of five men to 
write out the statutes pertaining to the consular 
power ; l such authority over them as the people 
had granted the consuls they should enjoy, but they 
should not make a law of their own whims and 
caprices. When this measure had been promulgated, 
the Fathers were alarmed lest they might be humbled, 
in the absence of the consuls ; the prefect of the 
City, Quintus Fabius, convened the senate, and 
attacked the measure and its author himself with 

31 



LIVY 

A.U.O. ipsum est invectus ut nihil, si ambo consules infesti 

jtf2 

circumstarent tribunum, relictum minarum atque 

7 terroris sit : insidiatum eum et tempore capto adortum 

8 rem publicam. Si quern similem eius priore anno 
inter morbum bellumque irati di tribunum dedissent, 
non potuisse sisti. Mortuis duobus consulibus, iacente 
aegra civitate, in conluvione omnium rerum, ad tol- 
lendum rei publicae consulare imperium laturum 
leges fuisse, ducem Volscis Aequisque ad oppugnan- 

9 dam urbem futurum. Quid tandem ? Illi non licere, 
si quid consules superbe in aliquem civium aut 
crudeliter fecerint, diem dicere, accusare iis ipsis 

10 iudicibus quorum in aliquem saevitum sit? Non ilium 1 
consulare imperium, sed tribuniciam potestatem in- 
visam intolerandamque facere ; quam placatam 2 re- 
conciliatamque patribus de integro in antiqua redigi 
mala. Neque ilium se deprecari, quo minus pergat 

11 ut coeperit; " Vos " inquit Fabius, " ceteri tribuni, 
oramus, ut primum omnium cogitetis potestatem 
istam ad singulorum auxilium, non ad perniciem 
universorum comparatam esse; tribunos plebis vos 

12 creates, non bostes patribus. Nobis miserum, invi- 
diosum vobis est desertam rem publicam invadi. 
Non ius vestrum, sed invidiam minueritis. Agite cum 
collega ut rem integram in adventum consulum 

1 ilium 5- : illud n. * placatam M : pacatam il. 

32 



BOOK III. ix. 6-12 

such bitterness that if both the consuls had been B.C. 462 
present to outface the tribune there was nothing 
they could have added to his threats and denuncia- 
tions. Terentilius, he said, had laid an ambush and 
watching his opportunity had attacked the state. 
If the angry gods had given them a tribune like 
him the year before, when they were suffering from 
war and disease, it would have been impossible to 
save the situation. Finding both consuls dead, the 
citizens plague-stricken, and confusion everywhere, 
he would have proposed a law to do away with 
consular government, and would have led the Volsci 
and the Aequi to besiege the City. Pray what did 
he desire ? Was he not at liberty, if the consuls 
had committed any act of pride or cruelty against 
a citizen, to call them into court and accuse them 
where the judges would be the very men against one 
of whom the injury had been done ? It was not the 
authority of the consul but the power of the tribune 
that he was making hateful and intolerable ; this 
power had been reconciled and brought into harmony 
with the senate, but was now being degraded again to 
its former evil state. Yet he would not supplicate 
Terentilius to abandon the course on which he had 
embarked. "It is you other tribunes," he cried, 
"whom we beg to reflect, as a matter of the last 
importance, that your power was obtained for the 
purpose of assisting individuals, not for the destruc- 
tion of us all ; that you were elected tribunes of the 
plebs, not enemies of the senate. To us it is a 
source of sorrow, to you of odium, that the state 
should be attacked in the absence of its defenders. 
You will be diminishing, not your authority, but 
your unpopularity, if you plead with your colleague 

33 



LIVY 

A 292' differat. Ne Aequi quidem ac Volsci morbo absumptis 

priore anno consulibus crudeli superboque nobis bello 

13 institere." Agunt cum Terentilio 1 tribuni, dilataque 

in speciem actione, re ipsa sublata, consules extemplo 

A.U.O. arcessiti. 

X. Lucretius cum ingenti praeda, maiore multo 
gloria rediit. Et auget gloriam adveniens exposita 
omni in campo Martio praeda, ut suum quisque per 
triduum cognitum abduceret. Reliqua vendita, quibus 

2 domini non exstitere. Debebatur omnium consensu 
consuli triumphus, sed dilata res est tribune de lege 

3 agente ; id antiquius consuli fuit. lactata per aliquot 
dies cum in senatu res, turn apud populum est. Cessit 
ad ultimum maiestati consulis tribunus et destitit. 
Turn imperatori exercituique honos suus redditus ; 

4 triumphavit de Volscis Aequisque, triumphantem 
secutae suae legiones. Altcri consuli datum, ut ovans 
sine militibus urbem iniret. 

5 Anno deinde insequenti lex Terentilia 2 ab toto 
relata collegio iiovos adgressa consules est ; erant 

6 consules P. Volumnius Ser. Sulpicius. Eo anno 
caelum ardere visum, terra ingenti concussa motu 
est. Bovem locutam, cui rei priore anno fides non 
fuerat, creditum. Inter alia prodigia et carne pluit, 

1 Terentilio F. Nicbuhr : terentillo (or terr-) n. 

1 Terentilia edd. (from c/iap.ix):terentilla fl: tarentilla 17. 

1 The ovation was a lesser triumph, granted for a com- 
paratively easy or bloodless victory. 

34 



BOOK III. ix. i2-x. 6 

to postpone the question, as it stands, until the 0.0.402 
arrival of the consuls. Even the Aequi and the 
Volsci, when disease last year had carried off the 
consuls, refrained from pressing a cruel and pitiless 
war against us." The tribunes pleaded with Teren- 
tilius, and the measure having been ostensibly post- 
poned, but in reality killed, the consuls were 
immediately summoned. 

X. Lucretius returned with vast spoils and far B.C. 461 
greater glory; and this he increased, on his arrival, 
by exposing all the booty in the Campus Marti us, 
where it lay for three days, that every man might 
identify and carry off what belonged to him. The 
other things, for which no owner appeared, were 
sold. That the consul had earned a triumph all 
agreed ; but the matter was put off, for the tribune 
was urging his law, and this was a question of more 
importance in the eyes of Lucretius. The measure 
was debated several days, not only in the senate 
but before the people. Finally the tribune gave 
way to the majesty of the consul and desisted. The 
general and his army then received their meed of 
honour; Lucretius triumphed over the Volsci and 
the Aequi, and his own legions followed the triumphal 
chariot. The other consul was permitted to enter 
the City in an ovation, 1 without soldiers. 

In the following year the Terentilian law was 
brought up again by the entire college and menaced 
the new consuls, to wit, Publius Volumnius and 
Servius Sulpicius. This year the heavens were seen 
to blaze, and the earth was shaken with a prodigious 
quake. That a cow had spoken a thing which had 
found no credence the year before was now believed. 
Among other portents there was even a rain of flesh, 

35 



LIVY 

quern imbrem ingens numerus avium intervolitando 
rapuisse fertur ; quod intercidit, sparsurn ita iacuisse 

7 per aliquot dies, ut nihil odor mutaret. Libri per 
duumviros sacrorum aditi ; pericula a conventu alieni- 
genarum praedicta, ne qui in loca summa urbis impetus 
caedesque inde fierent ; inter cetera monitum ut 
seditionibus abstineretur. Id factum ad impediendam 
legem tribuni criminabantur, ingensque aderat certa- 

8 men. Ecce, ut idem in singulos annos orbis volveretur, 
Hernici nuntiant Volscos et Aequos, etsi abscisae 1 
res sint, reficere exercitus; Antii summam rei positam, 
Ecetrae 2 Antiates colonos palam concilia facere ; id 

9 caput, eas vires belli esse. Ut haec dicta in senatu 
sunt, dilectus edicitur. Consules belli administra- 
tionem inter se dispertiri iussi, alteri ut Volsci, alteri 

10 ut Aequi provincia esset. Tribuni coram in foro perso- 
nare fabulam compositam Volsci belli, Hernicos ad 
partes paratos. lam ne virtute quidem premi liberta- 

11 tern populi Romani, sed arte eludi. 3 Quia occidione 
prope occisos Volscos et Aequos movere sua sponte 
arma posse iam fides abierit, novos hostes quaeri ; 

12 coloniam fidam, propinquam infamem fieri. Bellum 
innoxiis Antiatibus indici, geri cum plebe Romana, 

1 abscisae n : accisae IVeissenborn- Mueller (after Rhenanus). 

2 Ecetrae Vorm. 1 : eceterae (or similar corruptions) il. 

3 eludi D ? r : ludi n. 

36 



BOOK III. x. 6-12 

which is said to have been intercepted by vast numbers B.O. 461 
of birds flying round in the midst of it ; what fell to 
the ground lay scattered about for several days, but 
without making any stench. The two commissioners 
for sacred rites consulted the Sibylline Books, where 
it was predicted that there was danger to come from 
a concourse of foreigners, lest they attack the 
highest places of the City, and blood be shed ; 
amongst other things was a warning to avoid 
factions. The tribunes charged them with trying 
to hinder their law, and a violent struggle was 
impending ; when lo ! that the same cycle of 
events might recur each year the Hernici an- 
nounced that the Volsci and the Aequi, despite the 
losses they had sustained, were again fitting out 
their armies ; that Antium was the centre of the 
enterprise ; that at Ecetra Antian colonists were 
holding public meetings ; and that the Antiates were 
the head and sinews of the war. After listening to 
this report, the senate decreed a levy, and directed 
the consuls to divide between them the direction of 
the war, so that one might operate against the Volsci, 
the other against the Aequi. The tribunes openly 
and loudly protested in the Forum that the Volscian 
war was a prearranged farce, and that the nobles had 
employed the Hernici to act a part in it : they no 
longer used manhood even, to suppress the liberty 
of the Roman People, but cajoled and tricked them. 
Inasmuch as the almost total destruction of the Volsci 
and Aequi made it incredible that they should be 
going to war on their own initiative, new enemies 
were trumped up, and a loyal and neighbouring 
colony was traduced. It was against the innocent 
Antiates that Avar was being declared ; it was being 

37 



LIVY 

quam oneratam armis ex urbe praecipiti agmine 
acturi essent, exsilio et relegatione civium ulciscentes 

13 tribunes. Sic ne quid aliud actum putent victam 
legem esse, nisi, dum in integro res sit, dum domi, 
dum togati sint, caveant ne possessione urbis pellan- 

14 tur, ne itigum accipiant. Si animus sit, non defore 
auxilium ; consentire omnes tribunes. Null um ter- 
rorem externum, nullum periculum esse ; cavisse decs 
priore anno ut tuto libertas defendi posset. Haec 
tribuni. 

XI. At ex parte altera consules in conspectu eorum 
positis sellis dilectum habebant. Eo decurrunt tribuni 
contionemque secum trahunt. Citati pauci velut rei 

2 experiundae causa, et statini vis coorta. Quemcumque 
lictor iussu consulis prendisset, tribunus mitti iubebat; 
neque suum cuique ius modum faciebat, sed virium 
spes, et manu obtinendum erat, quod intenderes. 

3 Quern ad modum se tribuni gessissent in pro- 
hibendo dilectu, sic patres se l in lege, quae per 
omnes comitiales dies ferebatur, impedienda gere- 

4 bant. Initium erat rixae, cum discedere populum 
iussissent tribuni, quod patres se submoveri baud 
sinebant. Nee fere seniores rei intererant, quippe 

1 patres se Luterlacher (patress D) : patres fl. 



1 There was required to be an interval of twenty-four days 
(frinum nundinum) between meetings of the comitia. 

1 For the purpose of forming by centuries, in order to vote. 

38 



BOOK III. x. i2-xi. 4 

waged against the Roman plebeians, whom the B.C. 461 
consuls would load with arms and lead out of the 
City in hot haste, exiling and banishing citizens to 
avenge themselves upon the tribunes. By these 
means and they need not think that anything else 
had been intended the law was already defeated, 
unless, while the situation was still intact, while 
they were at home, while they still wore the toga, 
they should guard themselves against expulsion from 
the City and submitting to the yoke. If they proved 
courageous, help would not be wanting ; the tribunes 
were all of one mind. There was no fear of foreign 
foes, no danger ; the gods had seen to it the previous 
year that they might defend their liberties in safety. 
To this purport the tribunes. 

XI. But the consuls, on the other hand, had placed 
their chairs in full sight of the tribunes, and began 
to hold the levy. The tribunes hastened to the 
place, drawing the people after them. A few were 
cited, as if by way of a test, and immediately a riot 
began. As often as a lictor arrested a man on the 
consul's order, a tribune would command that he be 
released ; in every case it was not a man's right that 
determined his conduct, but the confidence he had 
in his strength ; and one had to make good by force 
what one meant to do. 

Precisely as the tribunes had borne themselves in 
preventing the levy, so did the senators in blocking 
the law, which was brought forward every day the 
comitia could be held. 1 The quarrel broke out when 
the tribunes had ordered the people to separate, 2 
since the patricians would not permit themselves to 
be removed. And yet the older nobles for the most 
part took no share in an affair which was not to be 

39 



LIVY 

quae non consilio regenda, sed permissa temeritati 
6 audaciaeque esset. 1 Multum et consules se abstine- 
bant, ne cui in conluvione rerum maiestatem suam 
contumeliae offerrent. 

6 Caeso erat Quinctius, ferox iuvenis, qua nobilitate 
gentis qua corporis magnitudine et viribus. Ad ea 
munera data a dis et ipse addiderat multa belli decora 
facundiamque in foro, ut nemo, non lingua non manu, 

7 promptior in civitate haberetur. Hie cum in medio 
patrum agmine constitisset eminens inter alios, velut 
omnes dictaturas consulatusque gerens in voce ac 
viribus suis, unus impetus tribunicios popularesque 

8 procellas sustinebat. Hoc duce saepe pulsi foro tri- 
buni, fusa ac fugata plebes est ; qui obvius fuerat, 
mulcatus nudatusque abibat, ut satis appareret, si sic 

9 agi liceret, victam legem esse. Turn prope iam per- 
culsis aliis tribunis A. Verginius ex collegio unus 
Caesoni capitis diem dicit. Atrox ingenium accenderat 
eo facto magis quam conterruerat ; eo acrius obstare 
legi, agitare plebem, tribunes velut iusto persequi 

10 bello. Accusator pati reum ruere invidiaeque flam- 
mam ac materiam criminibus suis suggerere ; legem 
interim non tarn ad spem perferendi quam ad laces- 

1 1 sendam Caesonis temeritatem ferre. Ibi multa 2 saepe 

1 esset F*Ji* $- : essent n. 

2 ibi multa n : multa ibi V. 

1 A capital charge if proven carried with it loss of capict, 
i.e. "the full legal status of a Roman citizen." (See 
Greenidge, Roman Public Life, p. 31.) From chap. xii. 6, 
it appears that a sentence of banishment rather than death 
was anticipated in the present instance. 

40 



BOOK III. xr. 4-n 

guided by wisdom, but had been committed to rash- B.C. 461 
ness and impudence. To a considerable extent the 
consuls too kept aloof, lest they should expose their 
dignity to some affront in the general confusion. 

There was a young man, Caeso Quinctius, embold- 
ened not only by his noble birth but also by his 
great stature and physical strength ; and to these 
gifts of the gods he had himself added many honours 
in the field, and also forensic eloquence, so that no 
citizen was held to be readier, whether with tongue 
or with hand. When this man had taken his place in 
the midst of the band of senators, towering above 
his fellows as though wielding all the might of 
dictators and consuls in his voice and strength of 
body, he would sustain unaided the attacks of the 
tribunes and the fury of the rabble. His leader- 
ship often drove the tribunes from the Forum and 
ignominiously routed the plebeians ; the man who 
crossed his path came off bruised and stripped ; so 
that it was clear that if things were allowed to go 
on in this way the law was beaten. Finally, when 
the other tribunes had already been pretty well 
cowed, one of their college named Aulus Verginius 
summoned Caeso to stand trial on a capital charge. 1 
The man's fierce nature was rather aroused by 
this than terrified ; and he continued all the more 
bitterly to resist the law, to harry the plebs, and 
to assail the tribunes as if in actual warfare. The 
accuser permitted the defendant to storm, and to 
fan the flames of popular resentment, while furnish- 
ing fresh materials for the charges which he 
intended to bring against him ; meanwhile he 
continued to urge the law, not so much from any 
hope of carrying it as to provoke Caeso to reckless- 

41 



A.U.O. 
293 



LIVY 

ab iuventute inconsulte dicta factaque in unius 

12 Caesonis suspectum incidunt ingenium. Tamen legi 
resistebatur. Et A. Verginius identidem plebi : 
" Ecquid sentitis iam vos, Quirites, Caesonem simul 
civem et legem quam cupitis habere non posse ? 

13 Quamquam quid ego legem loquor ? Libertati obstat ; 
omnes Tarquinios superbia exsuperat. Exspectate, 
dum consul aut dictator fiat, quern privatum viribus 
et audacia regnantem videtis." Adsentiebantur multi 
pulsates se querentes, et tribunum ad rem peragendam 
tiltro incitabant. 

XII. Iam aderat iudicio dies apparebatque volgo 
homines in damnatione Caesonis libertatem agi 
credere. Turn demum coactus cum multa indignitate 
prensabat singulos. Sequebantur necessarii, principes 

2 civitatis. T. Quinctius Capitolinus, qui ter consul 
fuerat, cum multa referret sua familiaeque decora, 

3 adfirmabat neque in Quinctia gente neque in civitate 
Romana tantam indolem tarn maturae virtutis un- 
quam exstitisse ; suum primum militem fuisse, se 

4 saepe vidente pugnasse in hostem ; Sp. Furius, 
missum ab Quinctio Capitolino sibi eum in dubiis 
suis rebus venisse subsidio ; neminem unum esse cuius 
42 



BOOK III. xr. ii-xn. 4 

ness. In these circumstances it was Caeso alone, B.C. 461 
as being a suspected character, who got all the 
blame for many a rash word and act which pro- 
ceeded from the young aristocrats. Nevertheless 
the law continued to meet resistance. And Aulus 
Verginius kept saying to the plebeians : " I suppose 
you see now, Quirites, that you cannot at the same 
time have Caeso for a fellow-citizen and obtain the 
law you desire ? And yet why do I say law ? It 
is liberty he is thwarting ; in all the Tarquinian 
house was no such arrogance. Wait till this man 
becomes consul or dictator, whom you see lording 
it over us while a private citizen, by virtue of his 
strength and impudence ! " There were many who 
agreed with him ; they complained of the beatings 
they had received, and freely urged the tribune to 
see the business through. 

XII. The day of the trial now drew near, and it 
was clearly the general opinion that liberty depended 
on Caeso's condemnation. Then at last he w r as 
obliged, though greatly disdaining such a course, to 
sue for the support of individuals. He was accom- 
panied by his friends, the chief men of the state. 
Titus Quinctius Capitolinus, who had thrice been 
consul, rehearsed the many honours which had come 
to himself and his family, and declared that neither 
in the Quinctian clan nor in the Roman state had 
there ever been such native qualities, so early ripen- 
ing into manly worth ; Caeso had been his best 
soldier, and had often fought under his own eyes. 
Spurius Furius testified that Caeso had been sent to 
him by Quinctius Capitolinus, and had come to his 
aid when he was in a dangerous plight; that there 
was no single person whose services he considered to 

43 



LIVY 

29 3 ' 5 magis opera putet rem restitutam. L. Lucretius, 1 
consul anni prioris, recenti gloria nitens, suas laudes 
participare cum Caesone, memorare pugnas, referre 
egregia facinora, mine in expeditionibus nunc in acie 

6 suadere et monere iuvenem egregium, instructum 
naturae fortunaeque omnibus bonis, maximum momen- 
tum rerum eius civitatis, in quamcumque venisset, 

7 suum quam alienum mallent civem esse. Quod 
offendat in eo, fervorem et audaciam, aetatem cottidie 
magis auferre ; quod desideretur, consilium, id in dies 
crescere. Senescentibus vitiis, maturescente virtute 

8 sinerent tantum virum s^nem in civitate fieri. Pater 
inter hos L. Quinctius, cui Cincinnato cognomen 
erat, non iterando laudes, ne cumularet invidiam, sed 
veniam errori atque adulescentiae petendo, sibi, qui 
nori dicto, non facto quemquam offendisset, ut con- 

9 donarent filium orabat. Sed alii aversabantur preces 
aut verecundia aut metu ; alii se suosque mulcatos 
querentes atroci response indicium suum praeferebant. 

XIII. Premebat reum praeter volgatam invidiam 

crimen unum, quod M. Volscius Fictor, qui ante 

aliquot annos tribunus plebis fuerat, testis exstiterat 

2 se, baud multo post quam pestilentia in urbe fuerat, 

1 L. Lucretius V (cf. viii. 2) : p. lucretius n : p. f. lucretius 
MF1 

44 



BOOK III. xn. 4-xin. 2 

have been more effectual in saving the day. Lucius B.C. 401 
Lucretius, the consul of the year before, in the 
splendour of his new-won renown, shared his glory 
with Caeso, told of the young man's combats, and 
recounted his wonderful exploits on raids or in the 
field of battle ; he earnestly advised the people to 
prefer that a distinguished youth, endowed with 
every advantage of nature and of fortune, and sure 
to be an important factor in the affairs of any state 
which he might join, should rather be their own than 
the citizen of another nation. Those qualities in him 
which gave offence, impetuosity and rashness, were 
diminishing each day, as he grew older : that in 
which he was deficient, namely prudence, was daily 
increasing. They should suffer a man of his great- 
ness his worth maturing as he outlived his faults 
to grow old in the possession of his citizenship. 
The young man's father, Lucius Quinctius, sur- 
named Cincinnatus, was among his advocates. He 
did not dwell on Caeso's praises, lest he should add 
to his unpopularity ; but, craving indulgence for his 
errors and his youth, he begged them to acquit the 
son as a favour to the father, who had offended no 
man either in word or deed. But some turned away 
from the petitioner, through either embarrassment 
or fear; while others complained of the injuries 
which Caeso had inflicted on themselves or their 
friends, and showed by their harsh replies how 
they meant to vote. 

XIII. There was one charge, besides the general 
dislike of him, which bore hard upon the accused. 
Marcus Volscius Fictor, who had been a tribune of 
the plebs a few years before, had certified that 
shortly after the epidemic had been in the City he 

45 



LIVY 

in iuventutem * grassantem in Subura incidisse. Ibi 
rixam natam esse, fratremque suum maiorem natu, 
necdum ex morbo satis valid urn, pugno ictuni ab 

3 Caesone cecidisse ; semianimem inter manus domum 
ablatum mortu unique inde arbitrari, nee sibi rem ex- 
sequi tani atrocem per consules superiorum annorum 
licuisse. Haec Volscio clamitante adeo concitati homi- 
nes sunt ut baud multum afuerit quin impetu populi 

4 Caeso interiret. Verginius arripi iubet hominem et 
in vincula duci. Patricii vi contra vim resistunt. 
T. Quinctius clamitat, cui rei capitalis dies dicta sit 
et de quo futurum propediem indicium., euni indem- 

5 natum indicta causa non debere violari. Tribunus 
supplicium negat sumpturum se de indemnato ; ser- 
vatururn tarnen in vinculis esse ad iudicii diem ut, 
qui hominem necaverit, de eo supplicii sumendi copia 

6 populo Romano fiat. Appellati tribuni medio decreto 
ius auxilii sui expediunt: in vincla conici vetant ; sisti 
reum, pecuniamque ni sistatur populo promitti placere 

7 pronuntiant. Summam pecuniae quantam aequum 
esset promitti, veniebat in dubium ; id ad senatum 
reicitur. Reus, dum consulereiitur patres, retentus 

8 in publico est. Vades dari 2 placuit ; unum vadem 
tribus milibus aeris obligarunt ; 3 quot darentur per- 

1 in iuv r entutera V \ iuuentutem n. 

* dari Madvig : dare n. 

8 obligarunt n : obligarent PF ? UB : obligauerunt M. 

1 A populous street lying in the hollow between the 
Quirinal and the Viminal on the one hand, and the 
Esquiline on the other. 

2 The tribunes had been created to protect plebeians 
against the oppression of the nobles, but there were several 
other occasions when patricians did not disdain to avail 
themselves of their help. See II. Ivi. 5 ; ix. xxvi. 16. 

46 



BOOK III. xiii. 2-8 

had fallen in with a band of young men swaggering B.C. 4i 
through the Subura. 1 There a brawl had arisen, 
and his elder brother, who had not yet fully re- 
covered from the disease, had been felled by a 
blow from Caeso's fist ; he had been picked up half- 
alive and carried home, and his death, Volscius 
considered, had resulted from this hurt ; yet under 
the consuls of previous years he had been unable 
to avenge that wicked crime. As Volscius shouted 
out this story, men became so excited that Caeso 
had nearly perished by the fury of the people. 
Verginius gave orders to seize the fellow and throw 
him into prison. The patricians resisted force with 
force. Titus Quinctius cried out that a man who 
had been charged with a capital crime and whose 
day of trial was at hand ought not to suffer violence, 
uncondemned and unheard. The tribune answered 
that he did not propose to punish him uncondemned, 
but that he should keep him in prison notwithstand- 
ing, till the day of trial, that the Roman People 
might have it in their power to punish a homicide. 
The other tribunes, on being appealed to, 2 asserted 
by a compromise their prerogative of protection : 
they forbade the imprisonment of the accused, but 
declared it to be their pleasure that he be produced 
for trial, and that money be pledged to the people 
in the event of a failure to produce him. How great 
a sum was proper to be guaranteed was a doubtful 
point ; it was referred to the senate, and Caeso 
was detained in custody till the Fathers could be 
consulted. They voted that sureties should be 
furnished, and fixed the responsibility of one surety 
at 3,000 asses ; how many sureties should be given 
they left the tribunes to determine, They decided 

47 



LIVY 

A.U.O. missum tribunis est. Decem finierunt. Tot vadibus 

293 

accusator vadatus est reum. Hie primus vades publico 1 

dedit. Dimissus e foro nocte proxima in Tuscos in 

9 exsilium abiit. ludicii die cum excusaretur solum 

vertisse exsilii causa, nihilo minus Verginio comitia 

* O 

habente collegae appellati dimisere concilium. 

10 Pecunia a patre exacta crudeliter, ut divenditis 

omnibus bonis aliquamdiu trans Tiberim veluti 

relegatus devio 2 quodam tugurio viveret. 

A.UO. XIV. Hoc indicium et promulgata lex exercuit 

M I*"* 

2 civitatem : ab externis armis otium fuit. Cum velut 
victores tribuni perculsis patribus Caesonis exsilio 
prope perlatam esse crederent legem et, quod ad 
seniores patrum pertineret, cessissent possessione 

3 rei publicae, iuniores, id maxime quod Caesonis soda- 
licium 3 fuit, auxere iras in plebem, non minuerunt 
animos ; sed ibi plurimum profectum est, quod modo 

4 quodam temperavere impetus suos. Cum primo post 
Caesonis exsilium lex coepta ferri est, instructi para- 
tique cum ingenti clientium exercitu sic tribunes, 
ubi primum submoventes praebuere causam, adorti 

1 publico Oronovius : publicos n. 

1 devio V (conj. by Campanns and Rhenanus before the discovery 
of tins MS.) : deuo (or de ullo) n. 
3 sodalicium V : sodalium fl. 

1 Verginius wished to try Caeso in absentia, but his 
colleagues, by adjourning the meeting, acquiesced in the 
*iew that a defendant had the right to avoid conviction 
by going into voluntary exile. In similar cases the tribes 
subsequently passed a resolution the effect of which was to 
give to this voluntary exile the binding force of a legal 
sentence (xxv. iv. 9; xxvi. iii. 12). 

48 



BOOK III. xiii. 8-xiv. 4 

on ten, and with this number of sureties the B.C. 46) 
accuser admitted the accused to bail. Caeso was the 
first that ever gave sureties to the people. Being 
allowed to leave the Forum, he departed that night 
and went into exile amongst the Etruscans. On 
the day of trial, when it was pleaded that he had 
gone into voluntary exile, Verginius nevertheless 
attempted to hold the comitia, but an appeal was 
taken to his colleagues, who dismissed the assembly. 1 
The money was exacted from Caeso's father without 
pity, so that he was obliged to sell all that he had 
and live for some time on the other side of the 
Tiber, 2 like one banished, in a certain lonely hovel. 
XI V. This trial and the promulgation of the law 3 
kept the citizens in a turmoil : from foreign wars 
there was a respite. The tribunes, assuming thnt 
the rebuff sustained by the patricians in Caeso's 
exile had given themselves the victory, believed 
the law to be as good as passed ; and so far as the 
older senators were concerned, they had indeed 
relinquished their grasp upon the government ; but 
the juniors, especially those who had been of Caeso's 
fellowship, grew more bitter against the plebs, 
and their courage ran as high as ever. Yet they 
greatly promoted their cause by tempering their 
fury with a kind of moderation. At the first attempt 
after Caeso's exile to pass the law, they were organ- 
ized and ready, and fell upon the tribunes with a 
great army of clients, as soon as the tribunes gave 
them an excuse by attempting to remove them ; in 
such wise that no single patrician came off with any 

* The Trastevere was not incorporated in the City till 
Augustus made of it his fourteenth region. 
3 The Terentilian Law. See chap. ix. 

49 



LIVY 

i.u.o. sunt ut nemo unus inde praecipuum quicquam gloriae 

w -70 

domum invidiaeve ferret, mille pro uno Caesones 
6 exstitisse plebes quereretur. Mediis diebus quibus 
tribuni de lege non agerent, nihil eisdem illis placidius 
aut quietius erat. Benigne salutare, adloqui plebis 
homines, domum invitare, adesse in foro, tribunos 
ipsos cetera pati sine interpellatione concilia habere, 
numquam ulli neque publice neque privatim truces 
esse, nisi cum de lege agi coeptum esset ; alibi popu- 
laris iuventus erat. Ne voce quidem incommodi, 
nedum ut ulla vis fieret, paulatim permulcendo tract- 
andoque mansuefecerant plebem. His per totum 
6 annum artibus lex elusa est. Nee cetera modo tri- 
buni tranquillo peregere, sed refecti quoque in 
insequentem annum. 1 
A.U.C. XV. Accipiunt civitatem placidiorem consules C. 

294 

Claudius Appi filius et P. Valerius Publicola. Nihi] 
novi novus annus attulerat ; legis ferendae aut acci- 

2 piendae cura civitatem tenebat. Quantum iuniores 
patrum plebi se magis insiiiuabant, eo acrius contra 
tribuni tendebant ut plebi suspectos eos criminando 

3 facerent : coniurationem factam ; Caesonem Romae 
esse ; interficiendorum tribunorum, trucidandae ple- 

1 nee cetera, etc. The MSS. put this sentence after iuuen- 
tus erat. The transposition is due to Conway and Walters. 

50 



BOOK III. xiv. 4-xv. 3 

conspicuous share of glory or unpopularity, and the B.C. 461 
plebeians complained that a thousand Caesos had 
sprung up in the place of one. During the inter- 
vening days on which the tribunes took no action 
about the law, nothing could have been more peace- 
able or quiet than these same youths. They would 
salute plebeians courteously, converse with them, 
invite them to their houses, assist them in the 
courts, and permit the tribunes themselves to hold 
their other assemblies without interruption. They 
never displayed arrogance towards any one, either 
openly or in private, except when the law came up ; 
at other times they were democratic. By avoiding 
so much as an offensive word, to say nothing of any 
sort of violence, they managed little by little, with 
gentleness and tact, to disarm the hostility of the 
plebs. By such arts the law was evaded for an 
entire year. And yet not only did the tribunes 
carry through their other measures without opposi- 
tion, but they were even re-elected for the following 
twelvemonth. 

XV. The state was less distracted when the con- B.C. 4GO 
suls Gaius Claudius, the son of Appius, and Publius 
Valerius Publicola assumed control. No new diffi- 
culty had come in with the new year ; anxiety to 
pass the law on the one side, and on the other 
the dread of having to accept it, occupied the 
thoughts of the citizens. The more the younger 
patricians tried to ingratiate themselves with the 
plebs, the more sharply were they opposed by the 
tribunes, who endeavoured by bringing charges 
against their adversaries to make the plebeians 
suspect them : A conspiracy had been formed ; Caeso 
was in Rome ; plans had been laid to kill the tri- 

51 



LIVY 

A.U.C, bis consiKa inita ; id negotii datum ab senioribus 

294 

patrum ut luventus tribuniciam potestatem e re 
publica tolleret formaque eadem civitatis esset quae 

4 ante Sacrum montem occupatum fuerat. Et a Volscis 
et Aequis statum iam ac prope sollemne in singulos 
annos bell um timebatur, propiusque aliud novum 

5 malum necopinato exortum. Exsules servique, ad 
duo milia l hominum et quingenti, duce Ap. Her- 
donio Sabino nocte Capitolium atque arcem occu- 

6 pavere. Confestim in arce facta caedes eorum qui 
coniurare et simul capere arma noluerant : alii inter 
tumultum praecipites pavore in forum devolant. 
Alternae voces "Ad arma!' et " Hostes in urbe 

7 sunt " audiebantur. Consules et armare plebem et 
inermem pati timebant incerti quod malum re- 
pentinum, externum an intestinum, ab odio plebis 
an ab servili fraude, urbem invasisset. Sedabant 
tumultus, sedando interdum movebant ; nee enim 
poterat pavida et consternata multitude regi imperio. 

8 Dant tamen arma, non volgo, tantum ut incerto 
hoste praesidium satis fidum ad omnia esset. Solliciti 
reliquum noctis incertique qui homines, quantus 
numerus hostium esset, in stationibus disponendis 
ad opportuna omnis urbis loca egere. Lux deinde 

9 aperuit bellum ducemque belli. Servos ad liberta- 

1 duo milia $- : oo oo milia fl: ccc milia 0: cecc milia 
P*FUD 3 (cf. Dion. HaL x. xiv. 1). 

1 Livy implies thac Coriolanus and Caeso were not the only 
citizens who had been compelled to leave Rome during the 
quarrels between senate and plebs. 

52 



BOOK III. xv. 3-9 

bunes and massacre the plebs ; the elder patricians B.C. 4tx 
had intrusted the younger men with the task of 
abolishing the tribunician power from the com- 
monwealth, that the state might have the same 
aspect it had worn before the occupation of the 
Sacred Mount. Also men feared the Volsci and 
Aequi, whose attack was by this time almost a 
regular and stated custom of annual recurrence ; and 
a new and unexpected danger sprang up nearer home. 
Exiles 1 and slaves to the number of twenty-five 
hundred, led by Appius Herdonius, the Sabine, 
came by night and seized the Capitol and the 
Citadel. They at once put to the sword those in 
the Citadel who refused to conspire and take up 
arms with them. Some escaped in the confusion 
and ran down terror-stricken into the Forum. Al- 
ternating cries were heard, " To arms ! " and " The 
enemy is in the City ! ' The consuls were afraid 
either to arm the plebs or to leave them unarmed, 
not knowing whence this sudden attack upon the 
City had come, whether from without or from within, 
from the hatred of the plebs or the treachery of 
slaves. They tried to still the uproar, and some- 
times by their efforts made it the greater ; for the 
trembling, panic-stricken multitude could not be con- 
trolled by authority. Nevertheless they gave out 
arms, not to everybody, but only so far as to insure, 
in the uncertainty regarding their foe, that there 
should be a fairly dependable defence for any emer- 
gency. Filled with concern, and wondering who 
their enemy was and what his numbers, they em- 
ployed the rest of the night in disposing pickets at 
suitable points throughout the City. Then came 
daylight and disclosed the nature of the war and its 

VOL. II. C 53 



LIVY 

A i>94 tern Ap. Herdonius ex Capitolio vocabat : se miser- 
rimi cuiusque suscepisse causam, ut exsules iniuria 
pulsos in patriam reduceret et servitiis grave iugum 
demeret. Id malle populo Romano auctore fieri : si 
ibi spes non sit, se Volscos et Aequos et omnia 
extrema temptaturum et concitaturum. 

XVI. Dilucere res magis patribus atque consuli- 
bus. Praeter ea tamen quae denuntiabantur, ne 
Veientium neu Sabinorum id consilium esset timere, 

2 et, cum tantum in urbe hostium esset, mox Sabinae 
Etruscaeque legiones ex composito adessent, turn 
aeterni hostes, Volsci et Aequi, non ad populandos, 
ut ante, fines sed ad urbem ut ex parte captam 

3 venirent. Multi et varii timores ; inter ceteros 
eminebat terror servilis, ne suus euique domi hostis 
esset, cui nee credere nee non credendo, ne infestior 

4 fieret, fidem abrogare satis erat tutum ; vixque con- 
cordia sisti videbatur posse. Tantum superantibus 
aliis ac mergentibus malis nemo tribunos aut plebem 
timebat ; mansuetum id malum et per aliorum quie- 
tem malorum semper exoriens turn quiesse 1 pere- 

6 grino terrore sopitum videbatur. At 2 id prope unum 

1 turn quiesse Scheller : tumque esse n. * at U$- : ad fl. 

1 Caeso had taken refuge with the Etruscans (chap. xiii. 

8). 

54 



BOOK III. xv. 9-xvi. 5 

leader. From the Capitol Herdonius was calling the B.C. ico 
slaves to freedom ; he had undertaken, he said, the 
cause of all the wretched, that he might bring back 
to their native land the exiles who had been wrong- 
fully expelled, and release the slaves from their 
heavy yoke ; he had rather this were done with the 
approval of the Roman people : if there were no 
hope in that quarter, he would call in the Volsci 
and the Aequi and leave no desperate measure 
unattempted. 

XVI. The situation became clearer to the senators 
and the consuls. Still, besides the dangers with 
which they were publicly threatened, they were 
afraid that this might be a ruse of the Veientes or 
the Sabines, and that while there were so many 
enemies within the City, Sabine and Etruscan levies 
might presently combine for an invasion ; 1 or again 
that their perpetual foes, the Volsci and Aequi, 
might come, not as before to lay waste their fields, 
but to the City, which they would regard as already 
partly captured. Men's fears were many and various ; 
above all the rest stood out their dread of the slaves. 
Everybody suspected that he had an enemy in his 
own household, whom it was safe neither to trust, 
nor, from want of confidence, to refuse to trust, lest 
his hostility should be intensified; and it seemed 
hardly possible that even co-operation between the 
classes should arrest the danger. So greatly did 
other evils overtop and threaten to engulf them 
that no one feared the tribunes or the plebeians ; 
that seemed a milder mischief, and springing up, as 
it always did, when other troubles were quieted, 
appeared now to have been lulled to sleep by the 
foreign peril. But in fact it bore down almost 

55 



LIVY 

maxime inclinatis rebus incubuit. Tantus enim tri- 
bunos furor tenuit ut non bellum sed vanam imagi- 
nem belli ad avertendos ab legis cura plebis animos 
Capitol ium insedisse contenderent ; patriciorum hos- 
pites clientesque si perlata lege frustra tumultuatos 
esse se sentiant, maiore quam venerint silentio 
6 abituros. Concilium inde legi 1 perferendae habere 
avocato 2 populo ab armis. Senatum interim consules 
habent alio se maiore ab tribunis metu osteiidente, 
quam quern nocturnus hostis intulerat. 

XVII. Postquam arma poni et discedere homines 
ab stationibus nuntiatum est, P. Valerius collega 
senatum retinente se ex curia proripit, inde in tem- 

2 plum ad tribunos venit. "Quid hoc rei est" inquit, 
" tribuni ? Ap. Herdonii ductu et auspicio rem pub- 
licam eversuri estis ? Tarn felix vobis corrumpendis 
fuit qui servitia non commovit auctor ? Cum hostes 
supra caput sint, discedi ab armis legesque ferri 

3 placet? " Inde ad multitudinem oration e versa : " Si 
vos urbis, Quirites, 3 si vestri nulla cura tangit, at vos 
veremini deos vestros ab hostibus captos. luppiter 
optimus maximus, luno regina et Minerva, alii di 
deaeque obsidentur ; castra servorum publicos vestros 

4 penates tenent ; haec vobis forma sanae civitatis 
videtur ? Tantum hostium non solum intra muros est 

1 legi n : legis 0. 2 avocato $- F^U* : aduocato n. 

3 urbis, Quirites Sabellicus : urbisque fl. 

1 The word templum means any place marked off with 
augural rites. The tempi um meant here is the Comitium. 

56 



BOOK III. xvi. 5-xvn. 4 

more heavily than anything else upon their sinking B.C. ieo 
fortunes. For so frenzied were the tribunes that 
they asserted it was no war which had taken pos- 
session of the Capitol, but an idle mimicry of war, 
got up to divert the minds of the plebeians from 
thinking about the law ; the patricians' friends and 
retainers would depart, when the passing of the law 
showed them how useless had been their insurrection, 
even more silently than they had come. They then 
convened an assembly to carry the measure through, 
having called the people away from their service as 
soldiers. Meantime the consuls were holding a 
meeting of the senate, where more fear of the 
tribunes was manifested than the night-attack of 
the enemy had caused. 

XVII. On being informed that the men were 
laying down their arms and quitting their posts, 
Publius Valerius left his colleague to keep the 
senate together, and hurrying from the Curia sought 
out the tribunes in their meeting-place. 1 " What 
means this, tribunes?" he exclaimed, "Are you 

V 

going to overturn the state under the leadership 
and auspices of Appius Herdonius ? Has he who 
could not arouse the slaves been so successful in 
corrupting you ? With the enemy over your heads 
can you choose to quit your arms and legislate ? " 
Then, turning to the crowd, he continued : " If you 
feel no concern, Quirites, for your City, or for your- 
selves, yet fear your gods, whom the enemy hold 
captive. Jupiter Optimus Maximus, Queen Juno, 
and Minerva, and the other gods and goddesses, are 
beleaguered ; a camp of slaves is in possession of the 
tutelary deities of your country ; does this seem to 
you a healthy polity ? All these foes are not merely 

57 



LIVY 

m arce su P ra forum curiamque ; comitia interim 
in foro sunt, senatus in curia est ; velut cum otium 
superat, senator sententiam dicit, alii Quirites suffra- 

5 gium ineunt. Non quidquid patrum plebisque est, 
consules, tribunes, deos hominesque omnes armatos 
opem ferre, in Capitolium currere, liberare ac pacare 
augustissimam illam domum lovis optimi maximi de- 

6 cuit ? Romule pater, tu mentem tuam, qua quondam 
arcem ab his iisdem Sabinis auro captain recepisti, da 
stirpi tuae ; iube hanc ingredi viam, quam tu dux,quam 
tuus ingressus exercitus est ! Primus en ego consul, 
quantum mortalis deum possum, te ac tua vestigia 

7 sequar." Ultimum orationis fuit : se arma capere, 
vocare omnes Quirites ad arma. Si qui impediat, 
iam se consularis imperil, iam tribuniciae potestatis 
sacratarumque legum oblitum, quisquis ille sit, ubi- 
cumque sit, in Capitolio, in foro, pro hoste habiturum. 

8 Iuberenttribuni,quoniamiii Ap. Herdonium vetarent, 
in P. Valerium consulem sumi arma ; ausurum se in 
tribunis, quod princeps familiae suae ausus in regibus 

9 esset. Vim ultimam apparebat futuram spectacu- 
loque seditionem Romanam hostibus fore. Nee lex 
tamen ferri nee ire in Capitolium consul potuit. 
Nox certamina coepta oppressit. Tribuni cessere 

10 nocti, timentes consulum arma. Amotis inde sedi- 



1 Publius Valerius, son of Volesus (i. Iviii. 6), afterwards 
called Publicola (n. viii. 1). 

58 



BOOK III. xvn. 4-10 

within our walls, but in the Citadel, above the B.C. 46u 
Forum and the Curia ; the people meanwhile are 
assembled in the Forum, and in the Curia sits the 
senate ; as when peace reigns supreme, the senator 
gives voice to his opinion, the other Quirites vote. 
Should not every patrician and plebeian, the consuls, 
the tribunes, gods, and men, all have drawn the 
sword and helped ; have rushed upon the Capitol ; 
have brought liberty and peace to that most august 
house of Jupiter Optimus Maximus? Father Romulus, 
grant thou to thy descendants that spirit in which 
thou didst aforetime regain thy Citadel from these 
same Sabines, when they had captured it with gold ; 
bid them advance by that road where thou didst 
lead, and thy army followed. Lo, I the consul will 
be the first, so far as mortal can emulate a god, to 
follow in thy footsteps ! ' He ended by announcing 
that he drew his sword and called to arms all the 
Quirites ; if any hindered, he should no longer re- 
member consular authority, nor tribunician power, 
nor the guarantees of sanctity ; whoever the man, 
wherever he might be, on the Capitol, in the Forum, 
he should hold him a public enemy. Since the 
tribunes forbade them to arm against Appius 
Herdonius, let them order an attack on Publius 
Valerius the consul ; he would not fear to deal with 
tribunes as the founder of his family * had dealt 
with kings. It was evident that there would soon 
be an appeal to force, and that the enemy would be 
afforded the spectacle of mutiny among the Romans. 
Yet it was equally impossible for the law to be 
carried and for the consul to go up into the Capitol. 
Night put an end to the struggle. The tribunes 
retired as darkness fell, fearing the armed strength 

59 



LIVY 

tionis auctoribus patres circumire plebem inseren- 
tesque se in circulos sermones tempori aptos serere, 
admonere ut viderent in quod discrimen rem publi- 

1 1 cam adducerent : non inter patres ac plebem certamen 
esse, sed simul patres plebemque, arcem urbis^ templa 
deorum, penates publicos privatosque hostibus dedi. 

12 Dum haec in foro sedandae discordiae causa aguntur, 
consules interim, ne Sabini neve Veiens * hostis 
moveretur, circa portas murosque discesserant. 

XVIII. Eadem nocte et Tusculum de arce capta 
Capitolioque occupato et alio turbatae urbis statu 

2 nuntii veniunt. L. Mamilius Tusculi turn dictator 
erat. Is confestim convocato senatu atque intro- 

3 ductis nuntiis magno opere censet ne exspectent dum 
ab Roma legati auxilium petentes veniant ; pericu- 
lum ipsum discrimenque ac sociales deos fidemque 
foederum id poscere. Demerendi 2 beneficio tarn 
potentem, tam propinquam civitatem numquam 

4 parem occasionem daturos deos. Placet ferri aux- 
ilium ; iuventus conscribitur, anna dantur. Romam 
prirna luce venientes procul speciem hostium prae- 
buere ; Aequi aut Volsci venire visi sunt ; deinde 
ubi vanus terror abiit, accepti in urbem agmine in 

1 neve Veiens MHR : ne ueiens PFUODL : ne ueniens 
FIB. 

2 demerendi 5- : demereno (or de merendo) fl : demorendo B. 

60 



BOOK III. xvn. lo-xvin. 4 

of the consuls. When the instigators of insurrection B.C. 46 
were once out of the way, the Fathers went about 
among the plebs, and mingling with the different 
groups, talked to them in a strain adapted to the 
crisis. They warned them to have a care into what 
straits they brought the nation : It was not between 
patricians and plebeians that the conflict lay ; patri- 
cians and plebeians alike, the Citadel of the City, 
the temples of the gods, and the guardian deities of 
the state and of private citizens, w r ere being sur- 
rendered to enemies. Such were the means employed 
in the Forum to allay dissension. Meanwhile the 
consuls, lest Sabine or Veientine enemies might be 
afoot, had set out to make the round of the gates 
and walls. 

XVIII. That same night Tusculum received tidings 
of the capture of the Citadel, the seizure of the 
Capitol, and the general disorder in the City. Lucius 
Mamilius was then dictator at Tusculum. He at 
once convoked the senate ; and having introduced 
the messengers, expressed an earnest conviction that 
they ought not to wait till ambassadors should come 
from Rome requesting help ; her perilous and 
critical situation spoke for itself the gods of their 
alliance and the obligations of their treaty called on 
them to act. Heaven would never bestow on them 
an equal opportunity to earn the gratitude of so 
powerful and so near a state, by doing it a service. 
The senate resolved to help. The young men were 
enrolled, and arms were issued. As they marched 
towards Rome in the early dawn, the Tusculans, who 
were seen a long way off, w 7 ere taken for enemies ; 
it looked like an invasion of the Aequi or the Volsci, 
When the alarm proved groundless, they were 

61 



LIVY 

5 forum descendunt. Ibi iam P. Valerius relicto ad 

6 portarum praesidia collega instruebat aciem. Aucto- 
ritas viri moverat adfirmantis Capitolio reciperato et 
urbe pacata si edoceri se sissenl, 1 quae fraus ab tri- 
bunis occulta in lege ferretur, memorem se maiorum 
suorum, memorem cognominis quo populi colendi 
velut hereditaria cura sibi a maioribus tradita esset, 

7 concilium plebis non impediturum. Hunc ducem 
secuti ncquiquam reclamantibus tribunis in clivum 
Capitolinum erigunt aciem. Adiungitur e t Tusculana 
legio. Certare socii civesque, utri reciperatae arcis 
suum decus facerent ; dux uterque suos adhortatur. 

8 Trepidare turn hostes, nee ulli satis rei praeterquam 
loco fidere ; trepidantibus inferunt signa Romani 
sociique, iam in vestibulum perruperant templi, cum 
P. Valerius inter primores pugnam ciens interficitur. 

9 P. Volumnius consularis vidit cadentem. Is dato 
negotio suis ut corpus obtegerent, ipse in locum 
vicemque consulis provolat. Prae ardore impetuque 
tantae rei sensus non pervenit ad militem ; prius 

10 vicit quam se pugnare sine duce sentiret. Multi 
exsulum caede sua foedavere templa, 2 multi vivi 
capti, Herdonius interfectus. Ita Capitol ium reci- 

1 si edoceri se sissent Ehenanus : si se doceri sensissent fl : 
si se doceri siuissent U*-. 

2 templa V ' : teinplum (templi DL] fl. 

62 



BOOK III. xvm. 4-10 

received into the City, and marched in column down B.C. 460 
into the Forum. There they found Publius Valerius, 
who had left his colleague to protect the gates and 
was marshalling his army. The personal influence 
of the man had prevailed. He had assured the 
people that when the Capitol should be won back 
and peace restored in the City, if they would permit 
him to point out to them the mischief which lurked 
in the law the tribunes were proposing, he would 
remember his forefathers and the surname with 
which he had, as it were, inherited from those 
forefathers the charge of caring for the people, nor 
would he interfere with the council of the plebs. 
Following him as their leader, despite the idle efforts 
of the tribunes to restrain them, they advanced up 
the Clivus Capitolinus, accompanied by the troops 
from Tusculum. It was a contest between the allies 
and the citizens, which should obtain the honour of 
recovering the Citadel. The leader of each party 
urged on his followers. The enemy now began to 
quake with fear, having no great confidence in any- 
thing but their position. As they stood there quak- 
ing, the Romans and their allies assailed them. They 
had already burst into the vestibule of the temple, 
when Publius Valerius was killed, as he was directing 

* c5 

the attack in the van. Publius Volumnius, a former 
consul, saw him fall. Charging his men to cover up 
the body, he threw himself into the consul's place. 
In the ardour and enthusiasm of the soldiers so 
important an event passed unnoticed ; and they had 
won the victory before they realized that they were 
fighting without their leader. Many of the exiles 
stained the temples with their blood ; many were 
taken alive ; Herdonius was slain. Thus the Capitol 

63 



LIVY 

A.n.o. peratum. De captivis, ut quisque liber aut servus 

94 

esset, suae fortunae a quoque sumptum supplicium 

est ; Tusculanis gratiae actae ; Capitolium purgatum 

11 atque lustratum. In consulis domum plebes quad- 

rantes ut funere ampliore efferretur 1 iactasse fertur. 

XIX. Pace parta instare turn tribuni patribus ut 

P. Valeri fidem exsolverent, instare C. Claudio, 2 ut 

collegae deos manes fraude liberaret, agi de lege 

sineret. Consul antequam collegam sibi subrogasset 

2 iiegare passurum agi de lege. Hae tenuere conten- 
tiones usque ad comitia consulis subrogandi. De- 
cembri mense summo patrum studio L. Quinctius 
Cincinnatus, pater Caesonis, consul creatur, qui 

3 magistratum statim occiperet. Perculsa erat plebes 
consulem habitura iratum, potentem favore patrum, 
virtute sua, tribus liberis, quorum nemo Caesoni 
cedebat magnitudine animi, consilium et modum 

4 adhibendo ubi res posceret priores erant. Is ut 
magistratum iniit, adsiduis contionibus pro tribunali 
non in plebe coercenda quam senatu castigando 
vehementior fuit, cuius ordinis languore perpetui 
iam tribuni plebis, non ut in re publica populi 
Romani sed ut in perdita domo lingua criminibusque 

1 efiferretur F 3 (over erasure}: referretur RDL: ferretur 
(amplio referretur //") n. 

2 C. Claudio //. J. Mueller : Claudio n. 

1 Cf. the funeral of his father (n. xvi. 7), and of Menenius 
Agrippa (n. xxxiii. 11). 

64 



BOOK III. xvin. lo-xix. 4 

was regained. The captives, according as they were B.C. 460 
free or slave, paid the penalty appropriate in each 
case to their condition ; the Tusculans were thanked ; 
the Capitol was purged and ceremonially purified. 
It is said that the plebeians flung their coppers into 
the consul's house, that he might be given a grander 
funeral. 1 

XIX. When peace had been established, the 
tribunes began to urge the patricians to fulfil the 
promise made by Publius Valerius ; and to urge 
Gaius Claudius to absolve the manes of his colleague 
from deceit, and allow the law to be discussed. The 
consul refused to permit discussion of the law, 
until he should have accomplished the election of a 
colleague. These disputes continued up to the time 
when the comitia met to fill the vacant consulate. In 
December, thanks to extraordinary zeal on the part 
of the patricians, Lucius Quinctius Cincinnatus, 
Caeso's lather, was declared consul, to enter upon 
the office at once. The plebs were filled with dis- 
may at the prospect of a consul incensed against 
themselves and strong in the favour of the senate, 
his own worth, and his three sons, none of whom 
was inferior to Caeso in courage, while they surpassed 
him in using wisdom and restraint when the need 
arose. Cincinnatus, having taken up the magistracy, 
harangued the people incessantly from the tribunal ; 
yet was no more vehement in repressing the plebs 
than in castigating the senate. It was owing, he 
declared, to the apathy of that order that the tribunes 
of the plebs, whose tenure was now become per- 
manent, exercised such a tyranny of speech and 
accusation as might be expected in a disordered 
household, but not in the public affairs of the Roman 

65 



LIVY 

A 294 5 regnarent. Cum Caesone filio suo virtutem, con- 
stantiam, omnia iuventutis belli domique decora 
pulsa ex urbe Romana et fugata esse ; loquaces, 
seditiosos, semina discordiarum, iterum ac tertium tri- 

6 bunos pessimis artibus regia licentia vivere. "Aulus" 
inquit "ille Verginius, quia in Capitolio non fuit, 
minus supplicii quam Ap. Herdonius meruit? Plus 
heroule aliquanto, qui vere rem aestimare velit. 
Herdonius, si nihil aliud, hostem se fatendo prope 
denuntiavit ut arma caperetis ; hie negando bellum l 
esse arma vobis ademit nudosque servis vestris et 

7 exsulibus obiecit. Et vos C. Claudi pace et P. 
Valeri mortui loquar prius in clivum Capitolinum 
signa intulistis quam hos hostes de foro tolleretis? 
Pudet deorum hominumque. Cum hostes in arce, 
in Capitolio essent, exsulum et servorum dux pro- 
fanatis omnibus in cella lovis optimi maximi habi- 
taret, Tusculi ante quam Romae sumpta sunt arma ; 

8 in dubio fuit, utrum L. Mamilius, Tusculanus dux, 
an P. Valerius et C. Claudius consules Romanam 
arcem liberarent ; et qui ante Latinos ne pro se 
quidem ipsis, cum in finibus hostem haberent, attin- 
gere arma passi sumus, nunc, nisi Latini sua sponte 

9 arma sumpsissent, capti et deleti eramus. Hoc est, 
tribuni, auxilium plebi ferre, inermem earn hosti 
trucidandam obicere ? Scilicet, si quis vobis humil- 

1 bellum Madvig : bella n. 
66 



BOOK 111. xix. 4-9 

People. With his son Caeso, manhood, steadfast- B c. 460 
ness, and all the qualities which honour youth in 
war and in civil life had been driven from Rome and 
put to rout. Garrulous, seditious, sowers of discord, 
obtaining office by the most wicked practices for 
a second and even a third term, the tribunes led as 
lawless a life as kings. " Did Aulus Verginius," he 
cried, " because he was not in the Capitol, deserve 
less punishment than Appius Herdonius? Nay, 
somewhat more, if one were disposed to be fair. 
Herdonius had one thing to his credit : by professing 
himself an enemy, he as good as warned you to arm ; 
the other, denying the existence of a war, took away 
your arms and exposed you unprotected to your 
slaves and exiles. And did you without offence to 
Gaius Claudius and the dead Publius Valerius be it 
said, did you carry your standards against the 
Capitoline Hill before clearing these enemies out of 
the Forum ? I am ashamed in the sight of gods and 
men. When foes were in the Citadel, foes in the 
Capitol, when the captain of slaves and exiles, profan- 
ing everything, was quartered in the very shrine of 
Jupiter Optimus Maximus, it was Tusculum not 
Rome where the first sword was drawn. It was a 
question whether Lucius Mamilius, the Tusculan 
general, or Publius Valerius and Gaius Claudius, the 
consuls, would free the Roman Citadel ; and we who 
until then did not allow the Latins to touch their 
weapons, even in their own defence, though they had 
an enemy within their borders, had now, unless the 
Latins had armed of their own free will, been taken 
captive and destroyed. Is this, tribunes, what you 
mean by helping the plebs, to deliver them over 
unarmed to be slaughtered by the enemy ? Why, 

67 



LIVY 

limus homo de vestra plebe, quam partern velut 
abruptam a cetero populo vestram patriam peculi- 
aremque rem publicam fecistis, si quis ex his domum 
suam obsessam 1 a familia armata nuntiaret, ferendum 

10 auxilium putaretis : luppiter optimus maximus exsu- 
lum atque servorum saeptus armis nulla humana ope 
dignus erat ? Et hi postulant ut sacrosancti habe- 
antur, quibus ipsi di neque sacri neque sancti sunt ? 

11 At enim divinis humanisque obruti sceleribus legem 
vos hoc anno perlaturos dictitatis. Turn hercule illo 
die quo ego consul sum creatus, male gesta res 
publica est, peius multo, quam cum P. Valerius 

12 consul periit, si tuleritis. lam primum omnium" 
inquitj " Quirites, in Volscos et Aequos mihi atque 
collegae legiones ducere in animo est. Nescio quo 
fato magis bellantes quam pacati propitios habemus 
deos. Quantum periculum ab illis populis fuerit, 
si Capitolium ab exsulibus obsessum scissent, 
suspicari de praeterito quam re ipsa experiri est 
melius." 

XX. Moverat plebem oratio consulis ; erecti patres 
restitutam credebant rem publicam. Consul alter, 
comes animosior quam auctor, suscepisse coliegam 
priorem action es 2 tarn graves 3 facile passus, in pera- 
gendis consularis officii partem ad se vindicabat. 
2 Turn tribuni, eludentes velut vana dicta persequi 

1 obsessam fl : oppressara V. * actiones , : actionem n. 
* graves ,- : grauis n. 

68 



BOOK III. xix. 9-xx. 2 

if the humblest man belonging to your plebs, a part B.C. 460 
of the people which you have sundered, as it were, 
from the rest and made a country of your own and 
a state apart, if one of these, I say, had announced 
that his slaves had armed and seized his house, you 
would have thought yourselves bound to help him ; 
was Jupiter Optimus Maximus, beset by the swords 
of exiles and slaves, too mean to merit any man's 
assistance ? And do these tribunes demand that 
they be held sacred and inviolable, in whose eyes the 
very gods are neither the one nor the other? So! 
Weighed down with crimes against gods and men you 
assert that you will carry through your law this year ! 
Then, by Heaven, it was an evil day for the nation 
when I was chosen consul, far more evil than when 
Publius Valerius the consul fell, if indeed you carry 
it ! First of all then, Quirites," he concluded, " I 
and my colleague are resolved to lead the legions 
against the Volsci and the Aequi. We are somehow 
fated to enjoy the favour of the gods in larger 
measure when warring than when at peace. How 
dangerous these peoples would have been, had they 
known that the Capitol was seized by exiles, we may 
more profitably conjecture from the past than ascer- 
tain by trying it." 

XX. The consul's speech had moved the plebs, 
and the senators took courage, believing that the 
state was on its feet again. The other consul, more 
spirited in co-operation than invention, had been 
quite willing that his colleague should take the lead 
in initiating such weighty measures ; but in carrying 
them out he claimed for himself a share of the 
duties of the consulship. Then the tribunes, jeer- 
ing at what they termed the idle words of Cincin- 

69 



LIVY 

quaerendo quonam niodo exercitum educturi con- 
sules essent quos dilectum habere nemo passurus 

3 sit. 1 "Nobisvero" inquit Quinctius "nihil dilectu 
opus est, cum, quo tempore P. Valerius ad recipi- 
undum Capitol ium arma plebi dedit, omnes in verba 
iuraverint conventuros se iussu consulis nee iniussu 

4 abituros. Edicimus itaque, omnes qui in verba 
iurastis crastina die armati ad lacum Regillum ad- 
sitis." Cavillari turn tribuni et populum exsolvere 
religione velle : privatum eo tempore Quinctium 

5 fuisse cum sacramento adacti sint. Sed nondum 
haec quae nunc tenet saeculum neglegentia deum 
venerat, nee interpretando sibi quisque ius iurandum 
et leges aptas faciebat, sed suos potius mores ad ea 

6 accommodabat. Igitur tribuni, ut impediendae rei 
nulla spes erat, de proferendo exitu 2 agere, eo 
magis, quod et augures iussos adesse ad Regillum 
lacum fama exierat, locumque inaugurari ubi auspi- 
cato cum populo agi posset, ut quidquid Romae vi 
tribunicia rogatum esset id comitiis ibi abrogaretur : 

7 omnes id iussuros quod consules velint; 3 neque 
enim provocationem esse longius ab urbe mille pas- 
suum, et tribunos, si eo veniant, in alia turba 

8 Quiritium subiectos fore consulari imperio. Terre- 
bant haec ; sed ille maximus terror animos agitabat, 

1 sit PFUBO : esset MHRDL. 

2 de proferendo exitu Perizonius : de proferendo exercitu H. 
8 veliut V ': vellent A. 

70 



BOOK III. xx. 2-8 

natus, proceeded to inquire how the consuls were B,O. 460 
going to lead out an army, when no one would 
permit them to hold a levy. " But we have no 
need of a levy," said Quinctius, " for when Publius 
Valerius gave arms to the people for the recovery of 
the Capitol, they all made oath that they would 
assemble at the bidding of the consul and riot 
depart without his order. We therefore command 
that all you who took the oath report to-morrow, 
armed, at Lake Regillus." Whereupon the tribunes, 
seeking to release the people from their obligation, 
resorted to a quibble : Quinctius had been a private 
citizen at the time when they bound themselves by 
the oath. But there had not yet come about that 
contempt for the gods which possesses the present 
generation ; nor did everybody seek to construe 
oaths and laws to suit himself, but rather shaped 
his own practices by them. Accordingly the tri- 
bunes, as there was no prospect of thwarting the 
design, concerned themselves with retarding the 
departure ; the more so since a story was about that 
the augurs had been commanded to present them- 
selves at Lake Regillus., there to inaugurate a place 
where the auspices could be taken and matters 
brought before the people, to the end that whatever 
had been enacted at Rome thanks to the violence 
of the tribunes might there be repealed by the 
comitia ; everybody, they said, would vote as the 
consuls wished ; for there was no appeal when one 
was more than a mile from the City, and the 
tribunes, if they should come there, would be sub- 
jected, amongst the rank and file of the citizens, 
to the consular authority. These were terrifying 
rumours, but far the greatest terror that preyed 

7 1 



LIVY 

A 294' quod saepius Quinctius dictitabat se consulum comitia 
non habiturum ; non ita civitatem aegram esse ut 
consuetis remediis sisti possit ; * dictatore opus esse 
rei publicae, ut qui se moverit ad sollicitandum 
statum civitatis sentiat sine provocatione dictaturam 
esse. 

XXI. Senatus in Capitolio erat ; eo tribuni cum 
perturbata plebe veniunt. Multitudo clamore in- 
genti nunc consulum, nunc patrum fidem implorant 
nee ante moverunt de sententia consulem quam 
tribuni se in auctoritate patrum futures esse polliciti 

2 sunt. Tune referente consule de tribunorum et 
plebis postulatis senatus consulta fiunt ut 2 neque 
tribuni legem eo anno ferrent neque consules ab 
urbe exercitum educerent ; in reliquum magistratus 
continuari et eosdem 3 tribunos refici iudicare sena- 

3 turn contra rem publicam esse. Consules fuere in 
patrum potestate : tribuni reclamantibus consulibus 
refecti. Patres quoque, ne quid cederent plebi, et 
ipsi L. Quinctium consulem reficiebant. Nulla toto 

4 anno vehementior actio consulis fuit. "Mirer" in- 
quit, "si vana vestra, patres conscripti, auctoritas ad 
plebem est ? Vos elevatis earn; quippe qui quia 4 
plebs senatus consultum continuandis 5 magistratibus 

5 solvit, ipsi quoque solutum voltis, ne temeritati 

1 possit $-: posset n. 2 fiunt ut V: fiunt ft. 

3 eosdem V$- : eos ft. 

4 qui quia Madmg : quia quia V\ quia fl. 

6 continuandis Madvig : in continuandis n. 

72 



BOOK III. xx. 8-xxi. 5 

upon their spirits was this, that Quinctius repeatedly B.C. 460 
declared that he would hold no consular election ; 
the disease of the commonwealth was not one that 
could be cured by ordinary remedies ; the nation 
needed a dictator, that whoever went about to 
disturb the state might learn that the dictatorship 
knew no appeal. 

XXI. The senate was in the Capitol. Thither 
came the tribunes with the troubled plebs. The 
multitude loudly besought protection, now of the 
consuls, now of the senators. Yet they could not 
move the consul from his purpose, until the tribunes 
had promised that they would submit to the 
authority of the Fathers. The consul then brought 
up the demands of the tribunes and the plebs, and 
the senate resolved that neither should the tribunes 
proceed with the law that year, nor the consuls lead 
the army out of the City ; that as regarded the 
future, it was the sense of the senate that for 
magistrates to succeed themselves and for the same 
tribunes to be re-elected was contrary to the general 
welfare. The consuls acquiesced in the authority 
of the Fathers ; the tribunes, in spite of the protests 
of the consuls, were returned to office. Then the 
patricians also, that they might yield in no respect 
to the plebs, would themselves have re-elected 
Lucius Quinctius consul. At no time during the 
entire year did the consul express himself with 
greater vehemence. "Can I wonder," he cried, "if 
your influence with the people, Conscript Fathers, 
is unavailing? You yourselves impair it, when, 
because the people have disregarded the senate's 
resolution regarding successive terms, you desire to 
disregard it yourselves, that you may not lag behind 

73 



LIVY 

multitudinis cedatis, tamquam id sit plus posse in 
civitate plus levitatis ac liceritiae Inhere. Levius 
enim vaniusque profecto est sua decreta et consul ta 

6 tollere quam aliorum. Imitamini, patres conscripti, 
turbam inconsultam, et qui exemplo aliis esse de- 
betis aliorum exemplo peccate l potius quam alii 
vestro recte faciant, dum ego ne imiter tribunos nee 
me contra senatus consultum coiisulem renuntiari 

7 patiar. Te vero, C. Claudi, adhortor, ut et ipse 
populum Romanum hac licentia arceas et de me hoc 
tibi persuadeaSj me ita accepturum ut non honorem 
meum a te imped itum, sed gloriam spreti honoris 
auctam, invidiam quae 2 ex continuato eo impenderet 

8 levatam putem." Communiter inde edicunt ne quis 
L. Quinctium consulem faceret ; si quis fecisset, se 
id suffragium non observaturos. XXII. Consules 
creati Q. Fabius Vibulanus tertium et L. Cornelius 
Maluginensis. Census actus eo anno : lustrum 
propter Capitolium captum, consulem occisum condi 
religiosum fuit. 

2 Q. Fabio L. Cornelio consulibus principio anni 
statim res turbulentae. Instigabant plebem tribuni ; 
bellum ingens a Volscis et Aequis Latini atque 
Hernici nuntiabant : iam Antii Volscorum legiones 
esse. Et ipsam coloniam ingens metus erat defec- 

1 peccate Klock : peccatis fl. 

a invidiam quae VH\ inuuidiamque quae fl: inuuidiam 
quaeque D ? L. 

74 



BOOK III. xxi. 5-xxn. 2 

the multitude in rashness; as if to be more in- B.C. 430 
constant and more lawless were to possess more 
power in the state. For surely it is more fickle and 
light-minded to nullify one's own decrees and resolu- 
tions, than those of others. Pattern yourselves, 
Conscript Fathers, after the thoughtless crowd ; and 
do you, who ought to set others an example, err 
rather by the example of those others, than permit 
them to follow yours and do right. But I, with 
your leave, will not imitate the tribunes, nor suffer 
myself to be named consul against the senate's 
resolution. As for you, Gains Claudius, I urge that 
you too restrain the Roman People from this law- 
lessness ; and for my own part be assured I shall 
not feel that your action has stood in the way of my 
election, but that my renown has gained by my 
refusal of the office, and that the odium which 
threatened me from its continuation has been re- 
moved." They then united in an edict that no one 
should vote for Lucius Quinctius for consul; if any 
man should do so they would disregard his vote. 
XXII. The consuls elected were Quintus Fabius B.C. 459 
Vibulanus (for the third time) and Lucius Cornelius 
Maluginensis. The census was taken that year, but 
there were scruples against performing the lustral 
sacrifice, on account of the seizure of the Capitol 
and the slaying of the consul. 

The consulship of Quintus Fabius and Lucius 
Cornelius was a stormy one from the very beginning 
of the year. The tribunes egged on the plebs ; the 
Latins and the Hernici reported that a great attack 
was being launched by the Volsci and the Aequi, 
and that Volscian levies were already at Antium. 
There was much apprehension too lest the colony 

75 



L1VY 

turam ; aegreque impetratum a tribunis ut bellum 

3 praeverti sinerent. Consules inde partiti provincias : 
Fabio ut legiones Antium duceret datum, Cornelio 1 
ut Romae praesidio esset, ne qua pars hostium, qui 

4 Aequis mos erat, ad populandum veniret. Hernici 
et Latini iussi milites dare ex foedere, duaeque 
partes sociorum in exercitu, tertia civium fuit. Post- 
quam ad diem praestitutum venerunt socii, consul 
extra portam Capenam castra locat. Inde lustrato 
exercitu Antium profectus hand procul oppido sta- 

6 tivisque hostium consedit. Ubi cum Volsci, quia 
nondum ab Aequis venisset exercitus, dimicare non 
ausi, quern ad modum quieti vallo se tutarentur, 
pararent, postero die Fabius non permixtam unam 
sociorum civiumque sed trium populorum tres sepa- 
ratim acies circa vallum hostium instruxit ; ipse erat 

6 medius cum legionibus Romanis. Inde signum ob- 
servare iussit, ut pariter et socii rem inciperent 
referrentque pedem, si receptui cecinisset. Equites 

7 item suae cuique parti post principia collocat. Ita 
trifariam adortus castra circumvenit et, cum undique 
instaret, non sustinentes impetum Volscos vallo 
deturbat. Transgressus inde munitiones pavidam 
turbam inclinatamque in partem unam castris ex- 

8 pellit. Inde effuse fugientes eques, cui superare 

1 Cornelio 5- : Cornelius n. 

1 i. e. over their law. 
76 



BOOK III. xxn. 2-8 

itself should revolt; and the tribunes were hardly B.C. 459 
prevailed upon to allow the war to have precedence. 1 
Then the consuls divided the commands, appointing 
Fabius to take the legions to Antium, and Cornelius 
to defend Rome, lest some part of the enemy, in 
accordance with the Aequian custom, should make 
a foray. The Hernici and the Latins were bidden 
to furnish soldiers, as by treaty bound ; two-thirds 
of the army were allies, one-third citizens. When 
the allies had reported on the appointed day, the 
consul encamped outside the Porta Capena. Thence, 
after purifying the army, he set out for Antium, 
and took up a position at no great distance from the 
town and the standing camp of the enemy. There 
the Volsci, not daring to give battle for the Aequian 
army had not yet come up sought to protect them- 
selves, without fighting, behind their rampart. The 
next day Fabius, instead of mingling allies and citizens 
in one line of battle, drew up the three nations in 
three separate armies, about the enemy's works, 
taking the centre himself with the Roman legions. 
He then commanded them all to wait for the signal, 
that the allies might act with the citizens in begin- 
ning the fight, and in retreating, if he should sound 
the recall. He also stationed the cavalry belonging 
to each division behind its first line. Advancing 
thus in three sections he surrounded the camp, and 
attacking sharply on every side, dislodged the 
Volsci, who were unable to sustain his charge, from 
their intrenchments. Passing over these, he drove 
the frightened rabble before him in one direction 
and cleared the camp of them. As they dispersed 
in flight, the cavalry, who had found it difficult to 
surmount the rampart and had hitherto been mere 

77 



LIVY 

vallum baud facile fuenit, cum ad id spectator 
pugnae adstitisset, libero campo adeptus parte vic- 
9 toriae fruitur territos caedendo. Magna et in castris 
et extra munimenta caedes fugientium fuit, sed 
praeda maior, quia vix arma secum efFerre hostis 
potuit. Deletusque exercitus foret, ni fugientis 
silvae texissent. 

XXIII. Dum ad Antium haec geruntur, interim 
Aequi robore iuventutis praemisso arcem Tusculanam 
improviso nocte capiunt ; reliquo exercitu baud pro- 
cul moenibus Tusculi considuntut distenderent host- 

2 ium copias. Haec celeriter Romanr, ab Roma in castra 
Antium perlata movent Romanes baud secus quam 
si Capitolium captum nuntiaretur ; adeo et recens 
erat Tusculanorum meritum et similitudo ipsa peri- 

3 culi reposcere datum auxilium videbatur. Fabius 
omissis omnibus praedam ex castris raptim Antium 
convehit ; ibi modico praesidio relicto citatum agmeii 
Tusculum rapit. Nibil praeter arma et quod cocti 1 
ad manum fuit cibi ferre militi licuit ; commeatum 

4 ab Roma consul Cornelius subvebit. Aliquot menses 
Tusculi bellatum. Parte exercitus consul castra 
Aequorum oppugnabat, partem Tusculanis dederat 
ad arcem reciperandam. Vi nunquam eo subiri 2 

1 cocti D l (or D 2 ) $- : coacti n. 

2 subiri U (confirming Gronovius] : subire A. 

1 The soldiers ordinarily carried a ration of corn. 
78 



BOOK III. xxn. 8-xxin. 4 

spectators of the battle, having now a clear field B .c. 459 
before them played their part in the victory by 
cutting off the fugitives. Great was the slaughter 
inflicted on the enemy as they attempted to escape, 
both in the camp and outside the works ; but the 
booty was still greater, since they had barely been 
able to carry away their arms. If the forests had 
not covered the flight, their army would have been 
utterly destroyed. 

XXIII. While this battle was being fought near 
Antium, the Aequi had sent forward the flower of 
their troops, and by a surprise attack at night, had 
captured the Tusculan citadel. The rest of their 
army they stationed at a short distance from the 
walls of the town, in order to induce the enemy to 
extend his forces. The news of these events being 
speedily carried to Rome and thence to the camp at 
Antium, had the same effect upon the Romans as if 
it had been announced that the Capitol was taken, 
so fresh in their recollection was the service done 
them by the Tusculans, and so strongly did the 
similarity of the risk which their allies now ran 
seem to call for repayment of the assistance they 
had given. Letting everything else go, Fabius 
quickly conveyed the pi under of the camp to Antium, 
and leaving there a moderate garrison, hastened by 
forced marches to Tusculum. The soldiers were 
allowed to take nothing but their arms and such 
bread as happened to be at hand ; 1 supplies were 
sent them from Rome by the consul Cornelius. The 
fighting at Tusculum lasted for some months. With 
a part of his army the consul laid siege to the camp 
of the Aequi ; a part he had given to the Tusculans 
to use in recovering the citadel. The place could 

79 



LIVY 

'095'' 6 potuit ; fames postremo inde detraxit 1 hostem. Qua 2 
postquam ventum ad extremum est, inermes nudique 
omnes sub iugum ab Tusculanis missi. Hos ignomi- 
niosa fuga domum se recipientes Romanus consul in 

6 Algido consecutus ad unum omnes occidit. Victor 
ad Columen id loco nomen est exercitu reducto 3 
castra locat. Et alter consul, postquam moenibus 
iam Romanis pulso hoste periculum esse desierat, 

7 et ipse ab Roma profectus. Ita bifariam consules 
ingressi hostium fines ingenti certamine hinc Vols- 
cos, hinc Aequos populantur. Eodem anno descisse 
Antiates apud plerosque auc tores invenio ; L. Cor- 
nelium consulem id bellum gessisse oppidumque 
cepisse. Certum adfirmare, quia nulla apud vetus- 
tiores scrip tores eius rei mentio est, non ausim. 

XXIV. Hoc bello perfecto tribunicium domi 
bellum patres territat. Clamant fraude fieri, quod 
foris teneatur exercitus ; frustrationem earn legis 
tollendae esse ; se nihilo minus rem susceptam 

2 peracturos. Obtinuittamen L. Lucretius, 4 praefectus 
urbis, ut actiones tribuniciae in adventum consulum 

3 differrentur. Erat et nova exorta causa motus. 
A. Cornelius et Q. Servilius quaestores M. Volscio, 
quod falsus haud dubie testis in Caesonem exstitisset, 

1 detraxit n : traxit UH. * qua Ml Gronovius: quo fl. 

3 reducto V (confirming Rubcnius and Crevier] : relicto n. 

4 L. Lucretius V ': p. 1. lucretius Mi p. lucretius n. 

1 Unidentified. Dion. Hal., x. xxi., calls the town 
Algidum. 

80 



BOOK III. xxiir. 4-xxiv. 3 

never be entered by assault ; but the enemy were B.C. 459 
finally driven out by hunger. Having thus reduced 
them to extremities, the Tusculans took away their 
arms, and stripping them to the tunic, sent them 
under the yoke. As they were ignominiously fleeing 
homeward, the Roman consul overtook them on 
Mount Algidus, and slew them, every man. The 
victor led his army back to Columeii this is the 
name of a place * and went into camp. The 
other consul too, now that the defeat of the enemy 
had removed all danger from the walls of Rome, 
set out himself from the City. Thus at two points 
the consuls invaded the enemy's borders, and with 
keen rivalry devastated the lands of the Volsci on 
the one hand, and those of the Aequi on the other. 
I find in a good many writers that the Antiates 
revolted that same year ; and that Lucius Cornelius 
the consul conducted the war and took the town. 
I should not venture to affirm it for a certainty, 
since there is no mention of the matter in the older 
historians. 

XXIV. This war was no sooner finished, than the 
patricians were alarmed by one waged against them 
at home, by the tribunes, who cried out that the 
army was dishonestly kept afield a trick intended 
to frustrate the passage of the law ; which, notwith- 
standing, they had undertaken and proposed to carry 
through. Still, Lucius Lucretius, the prefect of the 
City, obtained the postponement of any action by 
the tribunes until the consuls should have come. 
There had also arisen a new cause for disquiet. 
Aulus Cornelius and Quintus Servilius, the quaestors, 
had summoned Marcus Volscius to trial, on the 
charge that he had been guilty of undoubted perjury 

81 



LIVY 

4 diem dixerant. Multis enim emanabat indiciis neque 
fratrem Volsci ex quo semel fuerit aeger unquam 
non modo visum in publico sed ne adsurrexisse 
quideni ex morbo, multorumque tabe mensum mor- 

6 tuum, nee iis 1 temporibus in quae testis crimen 
coniecisset Caesonem Romae visum, adfirmantibus 
qui una merueraiit secum eum turn frequentem ad 
signa sine ullo commeatu fuisse. Nisi ita esset, 

G multi privatim ferebant Volscio iudicem. Cum ad 
indicium ire non auderet, omnes eae res 2 in unum 
congruentes baud magis dubiam damnationem Volsci 

7 quam Caesonis Volscio teste fuerat 3 faciebant. In 
mora tribuni erant, qui comitia quaestores habere de 
reo, nisi prius habita de lege essent, passuros nega- 
bant. Ita extracta utraque res in consulum adventum 

8 est. Qui ubi triumphantes victore cum exercitu 
urbem inierunt, quia silentium de lege erat, per- 

9 culsos magna pars credebant tribunos. At illi 
etenim extremum anni iam erat, quartum adfec- 
tantes tribunatum, in comitiorum disceptationem ab 
lege certameii averterant. Et cum consules nihilo 
minus adversus continuationem tribunatus quam si 
lex minuendae suae maiestatis causa promulgata 
ferretur tetendissent, victoria certaminis penes tri- 
bunos fuit. 

10 Eodem anno Aequis pax est petentibus data. 

1 nee iis Madi'ig : nee his fl : ne his H. 
* eae res F 3 D Z - : ease res M: eas res fl c 
3 fuerat F 3 0b 3 $- : fuerant n. 

1 Livy seems here to have accepted the account of the 
late annalists which he had suspected in chap, xxiii. 7. 
An extant inscription (C.LL. xv. 44) commemorating the 
triumph of Fabius over the Aequi and Volsci and that of 
Cornelius over the Antiates shows that his suspicion was 
unfounded. 

82 



BOOK 111. xxiv. 3-10 

against Caeso. For it was becoming generally known, B.C. 
from many witnesses, first, that the brother of Volscius 
after having once fallen ill had not only never 
appeared in public, but had not even got up from 
his sick-bed, where he had died of a wasting disease 
which lasted many months ; and secondly, that 
within the period to which Volscius, in his testimony, 
had referred the crime, Caeso had not been seen in 
Rome ; for those who had served with him affirmed 
that he had often during that time been in their 
company at the front, without taking any furlough. 
To prove this contention, many persons offered 
Volscius to refer the question of fact to a private 
arbitrator. Since he did not dare proceed to arbitra- 
tion, all these things, pointing in one direction, made 
the condemnation of Volscius as certain as that of 
Caeso had been made by Volscius' s evidence. The 
tribunes delayed matters by refusing to allow the 
quaestors to hold an assembly for his trial until one 
should first have been held to consider the law. So 
both affairs dragged on till the arrival of the consuls. 
When they had entered the City in triumph l with 
their victorious army, nothing was said about the 
law, and many people thought the tribunes had 
been daunted. But the tribunes were seeking a 
fourth term of office for the end of the year was 
now at hand and had diverted their efforts from 
the law to the contest for the election. And though 
the consuls strove quite as vehemently against the 
re-election of the incumbents to the tribuneship, as 
if a law were being urged which had been pro- 
mulgated to curtail their own majesty, the contest 
resulted in victory for the tribunes. 

That same year the Aequi sought and obtained 

83 



LIVY 

A .' ) Q- C ' Census, res priore anno incohata, perficitur; idque 
lustrum ab origine urbis decimum conditum ferunt. 
Censa l civium capita centum septendecim milia 2 
11 trecenta undeviginti. 3 Consulum magna domi belli- 
que eo anno gloria fuit, quod et foris pacem peperere, 
et domi etsi non concors, minus tamen quam alias 
infesta civitas fuit. 

A ;,y^, XXV. L. Minucius inde et C. Nautius 4 consules 

facti duas residuas anni prioris causas exceperunt. 

2 Eodem modo consules legem, tribuni iudicium de 
Volscioimpediebant ; sed in quaestoribus novis maior 
vis, maior auctoritas erat. Cum M. Valeric, Mani 5 
n'lio, Volesi nepotc quaestor erat T. Quinctius Capito- 

3 linus, qui ter consul fuerat. Is, quoniam neque 
Quinctiae familiae Caeso neque rei publicae maximus 
iuvenum restitui posset, falsum testem qui dicendae 
causae innoxio potestatem ademisset, iusto ac pio 

4 bello persequebatur. Cum Verginius maxime ex 
tribunis de lege ageret, duum mensum spatium 
consulibus datum est ad inspiciendam legem ut cum 
edocuissent populum quid fraudis occultae ferretur, 
sinerent deinde suffragium inire. Hoc intervalli 

6 datum res tranquillas in urbe fecit. Nee diuturnam 
quietem Aequi dederunt, qui rupto foedere quod 

1 ferunt. Censa 5-: f uerunt censa n : fuerant censa D. 

2 centum septendecim milia (l._ e. CXVI1) MPFUBi 



CXIIII 0: CXXXII H: CXXXII CXVII RL: CXXXII 
CCCXN^III D 

3 trecenta undeviginti (i.e. CCCXVIIII MO: CCCXVIII 
PFUBH : a.? before, the numbers are conflated in EDL (CXVII 
CCCXVIIII D). 

4 C. Nautius Glareanus and Sigonius (cf. Dion. Hal. 
x. xxii. 1; Diod. xi. Ixxxviii. 1; C.I. L. i 8 , p. 104: L. 
Nautius 1. 

5 Mani Sigonius (cf. n. xxx. 5 and (?) in. vii. 6) : Valerii &. 

84 



BOOK III. xxiv. lo-xxv. 5 

peace. The census, which had been begun the year B.C. 459 
before, was completed ; and this, they say, was the 
tenth lustral sacrifice performed since the founding 
of the City. There were enrolled 117,319 citizens. 
This year the consuls won great renown, at home 
and in the field ; not only had they brought about 
peace with other nations, but at home also, though 
the state was not yet harmonious, yet it was less 
troubled than at other times. 

XXV. Lucius Minucius and Gaius Nautius were B.C. 458 
chosen to be the next consuls, and inherited the two 
causes left over from the preceding year. As before, 
the consuls obstructed the passage of the law, and 
the tribunes the trial of Volscius ; but the new 
quaestors were men of superior force and influence. 
Marcus Valerius, son of Manius, and grandson of 
Volesus, shared the magistracy with Titus Quinctius 
Capitolinus,, who had thrice been consul. Capitolinus, 
since it was beyond his power to restore Caeso to 
the Quinctian family and the greatest of her young 
men to the state, 1 waged war, as justice and loyalty 
demanded, on the false witness who had deprived 
an innocent man of the power to plead his cause. 
Verginius was the most active amongst the tribunes 
in working for the law. The consuls were allowed 
two months' time to inspect the measure, that having 
explained to the people what hidden mischief was 
being proposed they might then permit them to 
vote. The granting of this breathing-space brought 
tranquillity to the City. But the Aequi did not 
suffer it to remain long at rest; breaking the treaty 

1 Livy here assumes that Caeso is dead, and possibly thinks 
of him as having perished with Herdonius. 

85 
VOL. II. D 



LIVY 

ictum erat priore anno cum Romanis imperium ad 
Gracchum Cloelium deferunt ; is turn longe prin- 

6 ceps in Aequis erat. Graccho duce in Labicanum l 
agrum, inde in Tusculanum hostili populatione 
veniunt plenique praedae in Algido castra locant. 
In ea castra Q. Fabius, P. Volumnius, A. Postumius 
legati ab Roma venerunt questum iniurias et ex 

7 foedere 2 res repetitum. Eos Aequorum imperator 
quae mandata habeant ab senatu Romano ad quer- 
cum iubet dicere ; se alia interim acturum. Quercus, 
ingens arbor, praetorio imminebat, cuius umbra opaca 

8 sedes erat. Turn ex legatis unus abiens "et haec " 
inquit, " sacrata quercus et quidquid deorum est 
audiant foedus a vobis ruptum, nostrisque et nunc 
querellis adsint et mox armis, cum deorum homi- 

9 numque simul violata iura exsequemur." Romam 
ut 3 rediere legati, senatus iussit alterum consulem 
contra Gracchum in Algidum exercitum ducere, 
alteri populationem finium Aequorum provinciam 
dedit. Tribuni suo more impedire dilectum et 
forsitari ad ultimum impedissent ; sed novus subito 
additus terror est. 

XXVI. Vis Sabinorum ingens prope ad moenia 
urbis infesta populatione venit ; foedati agri, terror 
iniectus urbi est. Turn plebs benigne arma cepit ; 
reclamantibus frustra tribunis magni duo exercitus 

1 Labicanum Cluverius and Gruter (cf. chap. vii. 3) : 
lanuuinum 1. 

2 ex foedere $- : ex eo foedere n. 

3 Romam ut V1M$- : Romam fl. 

86 



BOOK III. xxv. 5-xxvi. i 

which they had made with the Romans the year B.C. 458 
before, they intrusted the command of their forces 
to Cloelius Gracchus, at that time by far the most 
eminent man in their state. Under this man's 
leadership they invaded the territory of Labici, 
and from there the territory of Tusculum, with fire 
and sword, and, loaded with booty, pitched their 
camp on Algidus. To this camp came Quintus 
Fabius, Publius Volumnius, and Aulus Postumius, 
envoys from Rome, to complain of the wrongs done 
and demand restitution, as provided in the treaty. 
The Aequian general bade them recite the message 
of the Roman senate to the oak, saying that he 
would meantime attend to other matters. (The oak, 
a mighty tree, overhung head-quarters and with its 
dense shade afforded a cool resting-place.) There- 
upon one of the envoys said, as he departed, "Let 
both this sacred oak and whatever gods there are hear 
that the treaty has been broken by you ; and let them 
attend now to our complaints and presently support 
our arms, when we shall avenge the simultaneous 
violation of the rights of gods and men." On the 
return of the envoys to Rome, the senate ordered 
one consul to lead an army to Algidus, against 
Gracchus, and to the other assigned the task of devas- 
tating the territories of the Aequi. The tribunes 
sought in their usual fashion to prevent the levy, 
and might perhaps have held out against it to the 
end ; but suddenly a fresh alarm supervened. 

XXVI. A great body of Sabines made a hostile 
incursion almost to the walls of Rome, wasting the 
fields and terrifying the citizens. Thereupon the 
plebeians willingly enlisted, and despite the unavail- 
ing protests of the tribunes, two large armies were 

87 



LIVY 

2 scripti. Alterum Nautius contra Sabinos duxit cas- 
trisque ad Eretum positis, per expeditiones parvas, 
plerumque nocturnis incursionibus, tantam vastita- 
tern in Sabino agro reddidit ut comparati ad earn 

3 prope intacti bello fines Roman! viderentur. Mi- 
nucio neque fortuna nee vis animi eadem in ge- 
rendo negotio fuit ; nam cum baud procul ab hoste 
castra posuisset, nulla magnopere clade accepta 

4 castris se pavidus tenebat. Quod ubi senserant 
hostes, crevit ex metu alieno, ut fit, audacia, et nocte 
adorti castra postquam parum vis aperta profecerat, 
munitiones postero die circumdant. Quae prius- 
quam undique vallo obiectae clauderent exitus quin- 
que equites inter stationes hostium emissi Romam 

6 pertulere consulem exercitumque obsideri. Nihil 
tain inopinatum nee tarn insperatum accidere potuit. 
Itaque tantus pavor, tanta trepidatio fuit quanta si 

6 urbem, non castra hostes obsiderent. Nautium 
consulem arcessunt. In quo cum parum praesidii 
videretur dictatoremque dici placeret qui rem per- 
culsam restitueret, L. Quinctius Cincinnatus con- 
sensu omnium dicitur. 

7 Operae pretium est audire qui omnia prae divitiis 
bumana spernunt neque bonori magno locum neque 
virtuti putant esse, nisi ubi effuse 1 afluant 2 opes. 

8 Spes unica imperii populi Romani L. Quinctius 

1 effuse Form ? FJB : effusae fl. 

J afluant Af: affluant fl : effluantD?: afluentP: affluent 
P 

88 



BOOK III. xxvi. 1-8 

enrolled. One of these Nautius led against the B.C. 45$ 
Sabines. Pitching his camp at Eretum, he sent out 
little expeditions, chiefly nocturnal raiding parties, 
and so liberally repaid on their own fields the 
depredations of the Sabines, that the Roman terri- 
tories in comparison seemed scarcely to have been 
touched by war. Minucius had neither the same 
good fortune nor equal spirit in conducting his 
campaign ; for he encamped not far from the enemy, 
and without having suffered any considerable defeat, 
kept timidly within his breastworks. When the 
enemy perceived this, their audacity was heightened, 
as is usually the case, by their opponents' fear, and 
they attacked the camp by night. Failing to accom- 
plish anything by open force, they next day sur- 
rounded the place with earthworks ; but before 
these could be thrown up on every side of the 
camp and so shut off all egress, five horsemen were 
sent out through the enemy's outposts and carried 
to Rome the news that the consul and his army 
were beleaguered. Nothing more surprising or un- 
looked-for could have happened. And so the alarm 
and consternation were as great as if it had been 
the City, not the camp, which the enemy were 
investing. They sent for the consul Nautius ; but 
deeming him unequal to their defence, and resolving 
to have a dictator to restore their shattered fortunes, 
they agreed unanimously on the nomination of Lucius 
Quinctius Cincinnatus. 

What followed merits the attention of those who 
despise all human qualities in comparison with 
riches, and think there is no room for great honours 
or for worth but amidst a profusion of wealth. The 
sole hope of the empire of the Roman People, Lucius 

89 



LIVY 

trans Tiberim, contra eum ipsum locum ubi nunc 
navalia sunt, quattuor iugerum colebat agrum, quae 
9 prata Quinctia vocantur. Ibi ab legatis seu fossam 
fodiens palae l iniiixus seu cum araret, operi certe, 
id quod constat, agresti intentus salute data in 
vicem redditaque rogatus ut, quod bene verteret 
ipsi reique publicae, togatus mandata senatus au- 
diret, admiratus rogitansque " satin salve ? " 2 togam 
propere e tugurio proferre uxorem Raciliam iubet. 

10 Qua simul absterso pulvere ac sudore velatus pro- 
cessit, dictatorem eum legati gratulantes consalu- 
tant, in urbem vocant, qui terror sit in exercitu 

1 1 exponunt. Navis Quinctio publice parata fuit, trans- 
vectumque tres obviam egressi filii excipiunt, inde 
alii propinqui atque amici, turn patrum maior pars. 
Ea frequentia stipatus antecedentibus lictoribus de- 

12 ductus est domum. Et plebis concursus ingens fuit; 
sed ea nequaquam tarn laeta Quinctium vidit, et 
imperium 3 nimium et virum ipso 4 irnperio vehe- 
mentiorem rata. Et ilia quidem nocte nihil praeter- 
quam vigilatum est in urbe. 

XXVII. Postero die dictator cum ante lucem in for- 
um venisset, magistrum equitum dicit L. Tarquitium, 5 
patriciae gentis, sed qui ; 6 cum stipendia pedibus 

1 palae Sdbellicus: paleae V\ palo fl: paulo 0. 

2 satin salve VP\ satisne salva essent omnia H. 
8 imperium Walters : imperi (or -ii) n. 

4 virum ipso Christ 5- : uirum in ipso n. 
6 Tarquitium Sigonius (C.LL. i 2 , p. 16) : Tarquinium n. 
6 qui Conway : qui cuin V Form. R ? : qui turn n : turn 
qui //. 



1 Strictly speaking, a trifle less than three acres, since the 
iugerum contained only 28,800 square feet. 

90 



BOOK III. xxvi. 8-xxvn. i 

Quinctius, cultivated a field of some four acres l across B.C. 453 
the Tiber, now known as the Quinctian Meadows, 
directly opposite the place where the dockyards are 
at present. There he was found by the representa- 
tives of the state. Whether bending over his spade 
as he dug a ditch, or ploughing, he was, at all events, 
as everybody agrees, intent upon some rustic task. 
After they had exchanged greetings with him, they 
asked him to put on his toga, to hear (and might 
good come of it to himself and the republic !) the 
mandates of the senate. In amazement he cried, " Is 
all well ? " and bade his wife Racilia quickly fetch 
out his toga from the hut. When he had put it on, 
after wiping off the dust and sweat, and came forth 
to the envoys, they hailed him Dictator, congratu- 
lated him, and summoned him to the City, explain- 
ing the alarming situation of the army. A boat was 
waiting for him, provided by the state ; and as he 
reached the other side his three sons came out to 
receive him ; after them came his other kinsmen 
and friends ; and after them the greater part of the 
senate. Attended by this throng and preceded by 
his lictors he was escorted to his house. The 
plebeians too were gathered in great numbers ; but 
they were by no means so rejoiced at the sight of 
Quinctius, because they thought that not only was his 
authority excessive, but that the man was even more 
dangerous than the authority itself. That night 
nothing more was done than to keep a watch in 
the City. 

XXVII. On the following day the dictator, coming 
before dawn into the Forum, named as his master of 
the horse Lucius Tarquitius, a man of patrician birth, 
but one who had served as a foofc-soldier because of 



A.U.O 
296 



LIVY 

propter paupertatem fecisset, hello tamen primus 

2 longe Romanae iuventutis habitus esset. Cum 
magistro equitum in contionern venit, iustitium 
edicit, claudi tabernas tota urhe iubet, vetat quem- 

3 quam privatae quicquam rei agere. Turn, quicum- 
que aetate militari essent, armati cum cibariis in 
dies quinque coctis vallisque duodenis ante solis 

4 occasum Martio in campo adessent ; quibus aetas 
ad militandum gravior esset, vicino militi, dum is 
arma pararet vallumque peteret, cibaria coquere 

5 iussit. Sic iuventus discurrit ad vallum petendum. 
Sumpsere unde cuique proximum fuit ; prohibit us 
nemo est ; impigreque omnes ad edictum dictatoris 

6 praesto fuere. Inde composite agmine non itineri 
magis apti quam proelio, si res ita tulisset, legiones 
ipse dictator, magister equitum suos equites ducit. 
In utroque agmine quas tempus ipsum poscebat 

7 adhortationes erant : adderent gradum ; maturate 
opus esse ut nocte ad hostem perveniri 1 posset ; 
consulem exercitumque Romanum obsideri, tertium 
diem iam clauses esse ; quid quaeque nox aut dies 
ferat, incertum esse ; puncto saepe temporis maxi- 

8 marum rerum momenta verti. " Adcelera signifer 1 " 
"Sequere miles!" inter se quoque gratificantes 
ducibus clamabant. Media nocte in Algidum per- 
veniunt et, ut sensere se iam prope hostes esse, 
signa constituunt. 

1 perveniri F 3 ^- : peruenire fl : peruenere B : wanting in V. 

1 The Roman soldier usually carried three or four stakes, 
to use in making a palisade. 

92 



BOOK III. xxvn. 1-8 

poverty, though in war he had been esteemed by B.C. 458 
tar the best of the Roman youth. With his master 
of the horse the dictator appeared before the people ; 
proclamed a suspension of the courts; ordered the 
shops to be closed all over the City ; and forbade 
anybody to engage in any private business. He 
then commanded all those who were of military 
age to come armed, before sunset, to the Campus 
Martius, bringing each enough bread to last five 
days, and twelve stakes ; 1 those who were too old 
for war he ordered to prepare food for their neigh- 
bours who were soldiers, while the latter were 
getting their arms in order and looking for stakes. 
So the young men ran this way and that in search 
of stakes, and every one took them from the nearest 
source, nor was anyone interfered with ; and all 
presented themselves promptly as the dictator had 
commanded. Then, having drawn up their column 
so as to be ready for fighting as well as for march- 
ing, if need were, the dictator himself led the 
legions, the master of the horse his cavalry. In 
each division were spoken such words of encourage- 
ment as the occasion called for : Let them mend 
their pace ; there was need of speed, that they 
might reach the enemy's camp in the night ; a consul 
and a Roman army were being besieged, and it 
was now the third day of their investment ; what 
each night or day might bring forth was uncertain ; 
a single instant was often the turning-point of a 
great event. The soldiers also, in complaisance to 
their commanders, cried out to one another, " Make 
haste, standard-bearer ! ' " Follow me, men ! " At 
midnight they came to Algidus, and perceiving that 
they were now close to the enemy, halted. 

93 



LIVY 

XXVIII. Ibi dictator quantum nocte prospici 
poterat equo circumvectus contemplatusque qui trac- 
tus castrorum quaeque forma esset, tribunis militum 
imperavit, ut sarcinas in unum conici iubeant, mi- 
litem cum armis valloque redire in ordines suos. 

2 Facta quae imperavit. Turn, quo fuerant ordine in 
via, exercitum omnem longo agmine circumdat 
hostium castris et ubi signum datum sit clamorem 
omnes tollere iubet, clamore sublato ante se quem- 

3 que ducere fossam et iacere l vallum. Edito im- 
perio signum secutum est. lussa miles exsequitur; 
clamor hostes circumsonat ; superat inde castra 

4 hostium et in castra consulis venit ; alibi pavorem, 
alibi gaudium ingens facit. Romaiii civilem esse 
clamorem atque auxilium adesse inter se gratulantes 
ultro ex stationibus ac vigiliis territant hostem. 

5 Consul differendum negat ; illo clamore non ad- 
ventum modo significari, sed rem ab suis coeptam ; 
mirumque esse ni iam exteriore parte castra hostium 

6 oppugnentur. Itaque anna suos capere et se sub- 
sequi iubet. Nocte initum proelium est ; legionibus 
dictatoris clamore significant ab ea quoque parte 

7 rem in discrimine esse. Iam se ad prohibenda 
circumdari opera Aequi parabant cum ab interiore 
hoste proelio coepto, ne per media sua castra fieret 
eruptio, a munientibus ad pugnantes introrsum versi 

* iacere HRDLf : facere PFUBO. 
94 



BOOK III. xxvin. 1-7 

XXVIII. Then the dictator, having ridden about B.C. 458 
and observed, as well as he could for the night, the 
extent of the camp and its shape, directed the 
military tribunes to make the soldiers throw down 
their packs in one place, and return, with arms 
and stakes, to their proper ranks. They did as 
he commanded. Then, keeping the order of the 
march, he led out the whole army in a long column 
and surrounded the enemy's camp, commanding that 
at a given signal the troops should all raise a shout, 
and that after shouting every man should dig a 
trench in front of his own position and erect a 
palisade. The signal followed close on the announce- 
ment. The men did as they had been bidden. 
Their cheer resounded on all sides of the enemy, 
and passing over their camp, penetrated that of the 
consul ; in the one it inspired panic, in the other 
great rejoicing. The Romans, congratulating one 
another that it was their fellow-citizens who shouted, 
and that help was at hand, on their own part began 
to threaten the enemy with attacks from their pickets 
and outposts. The consul said that they ought to 
act without delay ; the shout not only signified that 
their friends were come, but that they had begun 
to fight ; and it would be surprising if they were 
not already assailing the enemy's camp from with- 
out. He accordingly bade his men stand to arms 
and follow him. It was night when they entered 
the battle ; with a cheer they gave the legions of 
the dictator to know that on their side as well the 
issue had been joined. The Aequi were already pre- 
paring to resist the work of circumvallation, when 
the attack was begun upon their inner line. Lest 
a sortie should be made through the midst of their 

95 



LIVY 

vacuam noctem operi dedere ; pugnatumque cum 

8 consule ad lucem est. Luce prima iam circumvallati 
ab dictatore erant et vix adversus unum exercitum 
pucrnam sustinebant. Turn a Quinctiano exercitu, 
qui confestim a perfecto opere ad arma rediit, in- 
vaditur vallum. Hie instabat nova pugna : ilia nihil 

9 remiserat prior. Turn ancipiti malo urgente a proe- 
lio ad preces versi bine dictatorem, bine consulem 
orare, ne in occidione victoriam ponerent, ut inermes 
se inde abire sinerent Ab consule ad dictatorem 

10 ire iussi ; is x ignominiam infensus addidit ; Grac- 
chum Cloelium ducem principesque alios vinctos ad 
se adduci iubet, oppido Corbione decedi. Sanguinis 
se Aequorum non egere ; licere abire ; sed, ut 
exprimatur tandem confessio subactam domitamque 

11 esse gentem, sub iugum abituros. Tribus hastis 
iugum fit humi fixis duabus superque eas transversa 
una deligata. Sub hoc iugum 2 dictator Aequos 
misit. 

XXIX. Castris hostium receptis plenis omnium 

rerum nudos enim emiserat praedam omnem suo 

2 tantum militi dedit ; consularem exercitum ipsumque 



1 iussi ; is Euperti : iussis A. 

2 iugum Duker : iugo A. 



96 



BOOK III. xxvm. y-xxix. 2 

camp, they turned their backs on those who were B.C. 458 
entrenching, and faced the attacking forces ; and, 
leaving the others free to work all night, they 
fought till break of day with the soldiers of the 
consul. At early dawn they had already been shut 
in by the dictator's rampart, and were scarcely 
maintaining the battle against one army. Then 
the troops of Quinctius, who had at once, on com- 
pleting the works, resumed their weapons, assailed 
the rampart of the Aequi. Here was a new battle on 
their hands, and the other not yet in the least 
abated. At this, hard-driven by a double danger, 
they turned from fighting to entreaties, and on the 
one hand implored the dictator, on the other the 
consul, not to make the victory a massacre, but to 
take their arms and let them go. The consul 
referred them to the dictator, who in his anger 
added ignominy to their surrender. He commanded 
that Cloelius Gracchus, their commander, and the 
other captains, be brought to him in chains, and 
that the town of Corbio be evacuated. He said 
that he did not require the blood of the Aequi ; 
they might go ; but, that they might at last be 
forced to confess that their nation had been defeated 
and subdued, they should pass beneath the yoke 
as they departed. A yoke was fashioned of three 
spears, two being fixed in the ground and the third 
laid across them and made fast. Under this yoke 
the dictator sent the Aequi. 

XXIX. Having taken possession of the enemy's 
camp, which abounded in all sorts of supplies 
for he had sent them out with nothing but their 
tunics he gave all the booty to his own troops 
exclusively, rebuking the consular army and the 

97 



LIVY 

A.U.O. consulem increpans, "Carebis " inquit"praedae parte, 
miles, ex eo hoste cui prope praedae fuisti ; et tu, 
L. Minuci, donee consularem animum incipias habere, 

3 legatus his legionibus praeeris." Ita se Minucius 
abdicat consulatu iussusque ad exercitum manet. 
Sed adeo turn imperio meliori animus mansuete 
oboediens erat ut beneficii magis quam ignorniniae 
hie exercitus memor et coronam auream dictator! 
libram pondo decreverit et proficiscentem eum 

4 patronum salutaverit. Romae a Q. Fabio praefecto 
urbis senatus habitus triumphantem Quinctium quo 
veniebat agmine urbem ingredi iussit. Ducti ante 
currum hostium duces, militaria signa praelata, secu- 

6 tus exercitus praeda onustus. Epulae instructae 
dicuntur fuisse ante omnium domus, epulaiitesque 
cum carmine triumphali et l sollemnibus iocis comi- 

6 santium modo currum secuti sunt. Eo die L. Mamilio 
Tusculano adprobantibus cunctis civitas data est. 
Confestim se dictator magistratu abdicasset, ni 
comitia M. Volsci, falsi testis, tenuissent. Ea ne im- 

7 pedirent tribuni dictatoris obstitit metus. Volscius 
damnatus Lanuvium in exsilium 2 abiit. Quinctius 
sexto decimo die dictatura in sex menses accepta se 
abdicavit. Per eos dies consul Nautius ad Eretum 
cum Sabinis egregie pugnat ; ad vastatos agros ea 

1 et FT) 4 : ex fl. 

2 in exsilium $- : exsilium fl : exsulatum -. 

1 Livy thinks of Cincinnatus as removing (or perhaps only 
suspending) Minucius from the consulship, in virtue of his 
superior authority. In 509 B.C. (u. ii. 7 ff . ) Lucius Tarquinius 
had been compelled to resign by his colleague Brutus and other 
leading men. 

2 The first recorded instance of the bestowal of citizenship 
in requital of service done the state. 

98 



BOOK III. xxix. 2-7 

consul himself in these terms : " You shall have no B.C. 458 
share, soldiers, in the spoils of that enemy to whom 
you almost fell a spoil ; and you, Lucius Minucius, 
until you begin to have the spirit of a consul, shall 
command these legions as my lieutenant." So Minu- 
cius abdicated the consulship, and remained, as he 
was ordered to do, with the army. 1 But so tame and 
submissive was the temper of this army now towards a 
better commander, that, considering rather the benefit 
they had received at his hands than the humiliation, 
they voted the dictator a golden chaplet of a pound 
in weight, and when he departed, saluted him as 
their protector. At Rome the senate, being con- 
vened by Quintus Fabius, the prefect of the City, 
commanded Quinctius to enter the gates in triumph, 
with the troops that accompanied him. Before his 
chariot were led the generals of the enemy ; the 
military standards were borne on ahead; after them 
came the soldiers, laden with booty. It is said that 
tables were spread before all the houses, and the 
troops, feasting asthey marched, with songs of triumph 
and the customary jokes, followed the chariot like 
revellers. On that day Lucius Mamilius the Tusculan 
was granted citizenship, with the approval of all. 2 
Cincinnatus would at once have resigned his office, 
had not the trial of Marcus Volscius, the false witness, 
caused him to delay. The awe in which the tribunes 
held the dictator prevented them from interfering 
with the trial. Volscius was condemned and went 
into exile at Lanuvium. On the sixteenth day 
Quinctius surrendered the dictatorship which he 
had received for six months. During that period 
the consul Nautius fought a successful engagement 
at Eretum with the Sabines, who in addition to the 

99 



LIVY 

A.U.O. quoque clades accessit Sabinis. Minucio Fabius 1 

296 

8 successor in Algidum missus. Extreme anno agita- 
tum de lege ab tribunis est ; sed quia duo exercitus 
aberant, ne quid ferretur ad populum patres tenuere ; 
plebes vicit ut quintum eosdem tribunos crearet. 2 

9 Lupos visos in Capitolio ferunt a canibus fugatos ; 
ob id prodigium lustratum Capitolium esse. Haec 
eo anno gesta. 

A.U.O. XXX. Sequuntur consules Q. Minucius M. Hora- 

297 

tius 3 Pulvillus. Cuius initio anni cum foris otium 
esset, domi seditiones iidem tribuni, eadem lex 

2 faciebat; ulteriusque ventum foret adeo exarserant 
animis ni velut dedita opera nocturno impetu 
Aequorum Corbione amissum praesidium nuntiatum 

3 esset. Senatum consules vocant ; iubentur subitarium 
scribere exercitum atque in Algidum ducere. Inde 
posito legis certamine nova de dilectu contentio 

4 orta ; vincebaturque consulare imperium tribunicio 
auxilio cum alius additur terror, Sabinum exercitum 
praedatum descendisse in agros Romanes, inde ad 

5 urbem venire. Is metus perculit ut scribi militem 
tribuni sinerent, non sine pactione tamen ut quoniam 
ipsi quinquennium elusi essent parvumque id plebi 
praesidium foret, decem deinde tribuni plebis crearen- 

1 Fabius 5- : Fabius Quinctius (or Quintius) n : Fabius 
Quintus 0. 

2 crearet V : crearent n. 

3 M. Horatius fi (Diod. xi. xci. 1): C. Horatius Glareanus 
and Sigonius (G.l.L. i 2 , p. 104 ; Dion. Hal. x. xxvi. 1). 



1 They had not been able to pass the Lex Terentilia. 

100 



BOOK III. xxix. 7-xxx. 5 

devastation of their fields now suffered this new B.O, >t58 
disaster. Fabius was sent to Mount Algidus to 
succeed Minucius. At the close of the year there 
was some agitation for the law on the part of the 
tribunes ; but since two armies were abroad, the 
senators insisted that no proposal should be laid 
before the people ; the plebs were successful in 
electing the same tribunes for the fifth time. It 
is said that wolves were seen on the Capitol, pursued 
by dogs ; because of which prodigy the Capitol was 
purified. Such were the events of this year. 

XXX. The next consuls were Quintus Minucius B.O. 457 
and Marcus Horatius Pulvillus, At the beginning 
of the year, though foreign relations were peaceful, 
at home there were dissensions, inspired by the 
same tribunes and the same law ; and they would 
have proceeded to even greater lengths so inflamed 
were men's passions had it not been announced, as 
if designedly, that the garrison at Corbio had perished 
in a night-attack made by the Aequi. The consuls 
convoked the senate, and were directed to make 
H summary levy and lead the army to Mount Algidus. 
From that moment the quarrel over the law was laid 
aside, and a fresh dispute arose, concerning the levy; 
in this consular authority was in a fair way to be 
defeated, by the help of the tribunes, when a new 
alarm was reported : that a Sabine army bent on 
pillage had descended upon the Roman fields, and 
was thence approaching the City. This was such 
staggering news that the tribunes permitted the 
enrolment of troops ; yet not without having ob- 
tained an agreement that since they had themselves 
been baffled for five years, 1 and the existing tribunate 
was an insufficient protection to the plebs, ten tribunes 

101 



LIVY 

A.U.O. 6 tur. Expressit hoc necessitas patribus ; id modo ex- 
cepere ne postea eosdem tribunes viderent. Tribunicia 
comitia, ne id quoque post bellum ut cetera vanum 

7 esset, extemplo habita. Tricensimo sexto anno a 
primis tribuni plebis decem creati sunt, bini ex 
singulis classibus, itaque cautum est ut postea crearen- 

8 tur. Dilectu deinde habito Minucius contra Sabinos 
profectus non invenit hostem. Horatius, cum iam 
Aequi Corbione interfecto praesidio Ortonam etiam 
cepissent, in Algido pugnat ; multos mortalis occidit ; 
fugat hostem non ex Algido modo, sed a Corbione 
Ortonaque. Corbionem etiam diruit propter proditum 
praesidium. 

A.U.C. XXXI. Deinde M. Valerius, Sp. Verginius con- 

sul es facti. Domi forisque otium fuit ; annona 
propter aquarum intemperiem laboratum est. De 
Aventino publicando lata lex est. Tribuni plebis 

2 iidem refecti. Hi sequente anno T. Romilio C. Veturio 
consulibus legem omnibus contionibus suis cele- 
brabant : l pudere se numeri sui nequiquam aucti, si 
ea res aeque suo biennio iaceret ac toto superiore 

3 lustro iacuisset. Cum maxime haec agerent, trepidi 
nuntii ab Tusculo veniunt Aequos in agro Tusculano 
esse. Fecit pudorem recens eius populi meritum 

1 celebrabant VHRDL$- : celebrant n. 



1 The lowest class, paying no tributum, had no representa- 
tion. 

102 



BOOK III. xxx. 5-xxxi. 3 

should in future be elected. To this the patricians B.C. 45? 
were compelled to agree, only stipulating that they 
should not thereafter see the same men tribunes. 
The tribunician election was held immediately, lest 
when the war was over this promise too might be 
broken, as the others had been. In the thirty-sixth 
year from the first plebeian tribunes ten men were 
elected, two from each class, 1 and it was enacted 
that they should be chosen thus thereafter. The 
levy was then held, and Minucius marched against 
the Sabines, but did not find the enemy. Horatius, 
after the Aequi, having put the garrison at Corbio to 
the sword, had also captured Ortona, fought a battle 
with them on Mount Algidus, killed many men, and 
drove off the enemy, not only from Algidus, but from 
Corbio and Ortona. Corbio he razed because of its 
betrayal of the garrison. 

XXXI. Marcus Valerius and Spurius Verginius B.C. 
succeeded to the consulship. Affairs were quiet 
both at home and abroad ; but there was a shortage 
in the corn-supply, due to excessive rains. A law 
was passed opening up the Aventine to settlement. 
The same tribunes of the plebs were returned ; and 
in the following year, when Titus Romilius and 
Gaius Veturius were consuls, they took occasion to urge 
the law in all their speeches : They were ashamed, 
they said, of the futile increase in their numbers, if 
this measure was to lie disregarded during their own 
two years of office, precisely as it had done through- 
out the five preceding years. Just when this agita- 
tion was at its height, there came a disquieting report 
from Tusculum that the Aequi were in Tusculan 
territory. Men were ashamed, in view of the recent 
service of that nation, to delay in sending aid. Both 

103 



LIVY 

A.U.O. morandi auxilii. Ambo consules cum exercitu missi 

4 hostem in sua sede, in Algido, inveniunt. Ibi pug- 

natum. Supra septem milia hostium caesa, alii 

fugati ; praeda parta ingens. Earn propter inopiam 

aerarii consules vendiderunt. Invidiae tamen res ad 

exercitum fuit eademque tribunis materiam crimi- 

6 nandi ad plebem consules praebuit. Itaque ergo, ut 

magistratu abiere Sp. Tarpeio J A. Aternio 2 consuli- 

bus, dies dicta est, Romilio ab C. Calvio Cicerone 

tribune plebis, Veturio ab L. Alieno aedile plebis. 

6 Uterque magna patrum indignatione damnatus, 
Romilius decem milibus aeris, Veturius quindecim. 
Nee haec priorum calamitas consulum segniores novos 
fecerat consules ; et se damnari posse aiebant, et 

7 plebem et tribunos legem ferre non posse. Turn 
abiecta lege, quae promulgata consenuerat, tribuni 
lenius agere cum patribus : finem tandem certa- 
minum facerent ; si plebeiae leges displicerent, at 
illi communiter legum latores et ex plebe et ex 
patribus, qui utrisque utilia ferrent quaeque aequan- 

8 dae libertatis essent sinerent creari. Rem non asperna- 
bantur patres : laturum 3 leges neminem nisi ex 
patribus aiebant. Cum de legibus conveniret, de 

1 Sp. Tarpeio $- : spurio p. tarpeio n : p. tarpeio U ': 
spuerio p. tarpio B. 

2 A. Aternio Pighius (C.I.L. i l , p. 104) : a. aeternio (or et- 
H : a. ethernio U : aeternio D. 

3 laturum Klock : daturum A. 

1 See chap. ix. 5 and note. Apparently the codification 
contemplated by Terentilius was to have been in the hands 
of a plebeian board. 

104 



BOOK III. xxxi. 3-8 

consuls were dispatched with an army ; and finding B.C. 
the enemy on their usual ground, Mount Algidus, 45t3 - 454 
they there engaged them. Above seven thousand of 
the enemy were slain ; the rest were put to flight ; 
and immense spoils were taken. These the consuls 
sold, owing to the impoverished condition of the 
treasury. Nevertheless, their action made them 
unpopular with the army, and it also furnished the 
tribunes with an occasion for impeaching the con- 
suls before the plebs. Accordingly when they laid 
down their office and Spurius Tarpeius and Aulus 
Aternius became consuls, they were brought to 
trial ; Romilius by Gaius Calvius Cicero, a plebeian 
tribune, Veturius by Lucius Alienus, an aedile of the 
plebs. Both were condemned, greatly to the indigna- 
tion of the patricians ; Romilius was fined 10,000 
asses, Veturius 15,000. And yet this disaster to 
their predecessors did not diminish the energy ot 
the new consuls ; they said that it was possible that 
they should themselves be condemned, but that it 
was not possible that the plebs and the tribunes 
should carry their law. Then the tribunes, discard- 
ing the law, which, in the time it had been before 
the people, had lost its vitality, began to treat more 
moderately with the patricians : Let them at last put 
an end, they said, to these disputes ; if the plebeian 
measure were not agreeable to them, let them permit 
framers of laws to be appointed jointly from both 
the plebs and the nobility, that they might propose 
measures which should be advantageous to both 
sides, and secure equal liberty. 1 The patricians did 
not reject the principle ; but they declared that no 
one should propose laws unless he were a patrician. 
Since they were agreed in regard to the laws, and 

105 



LIVY 

A.U.O. latore taiitum discreparet, missi legati Athenas Sp. 
Postumius Albus A. Manlius P. Sulpicius Camerinus 
iussique inclitas leges Solonis describere et aliarum 
Graeciae civitatium instituta mores iuraque noscere. 

A.U.C. XXXII. Ab externis bellis quietus annus fuit, 

quietior insequens P. Curiatio l et Sex. Quinctilio 
consulibus perpetuo silentio tribunorum, quod primo 
legatorum qui Athenas ierant legumque pere- 

2 griiiarum exspectatio praebuit, dein duo simul mala 
ingentia exorta, fames pestilentiaque, foeda homini, 
foeda pecori. Vastati agri sunt, urbs adsiduis ex- 
hausta funeribus ; multae et clarae lugubres domus. 

3 Flamen Quirinalis Ser. Cornelius mortuus, augur C. 
Horatius Pulvillus ; 2 in cuius locum C. Veturium eo 
cupidius quia damnatus a plebe erat, augures legere. 

4 Mortuus consul Quinctilius, quattuor tribuni plebi. 
Multiplici clade foedatus annus ; ab hoste otium 
fuit. 

5 Inde consules C. Meneiiius P. Sestius 3 Capitolinus. 
Neque eo anno quicquam belli externi fuit : domi 

6 motus orti. lam redieraiit legati cum Atticis legibus. 
Eo intentius instabant tribuni ut tandem scriben- 
darum legum initium fieret. Placet creari decem- 
viros sine provocatione, et ne quis eo anno alius 

7 magistratus esset. Admiscerenturne plebeii, 4 con- 

1 Curiatio $- (cf. chap, xxxiii. 3 and C.I.L. i a , p. 104) : 
curatio (curacio H: curario U) n. 

2 Pulvillus 5- : pulvilius fi. 

3 Sestius Sigonius (cf. chap, xxxiii. 4 and C.I.L. i 2 , 
p. 104) : sextius (textius P : sextilius D) H. 

4 plebeii El? : plebi n. 

106 



BOOK III. xxxi. 8-xxxn. 7 

only differed about the mover, they sent Spurius B c. 
Postumius Albus, Aulus Manlius, and Publius 456 ~ 454 
Sulpicius Camerinus on a mission to Athens, with 
orders to copy the famous laws of Solon, and 
acquaint themselves with the institutions, customs, 
and laws of the other Greek states. 

XXXII. No foreign wars disturbed the quiet of B.C. 
that year ; but even more quiet was the year that 453 ~ 4a3 
followed, when Publius Curiatius and Sextus Quincti- 
lius were consuls, for the tribunes preserved an 
unbroken silence. This was due in the first place 
to their waiting for the commissioners who had gone 
to Athens, and for the foreign laws ; in the second 
place two terrible misfortunes had come at the same 
time, famine and pestilence, baneful alike to men 
and beasts. The fields were left untenanted ; the 
City was emptied by incessant funerals ; many dis- 
tinguished families were in mourning. The flamen 
of Quirinus, Servius Cornelius, died, and the augur 
Gaius Horatius Pulvillus, in whose place the augurs 
elected Gaius Veturius, the more eagerly because 
of his condemnation by the plebs. Death took the 
consul Quinctilius, and four tribunes of the plebs. 
The numerous losses made it a gloomy year; but 
Rome's enemies did not molest her. 

The next consuls were Gaius Menenius and Pub- 
lius Sestius Capitolinus. In this year likewise there 
was no foreign war, but disturbances arose at home. 
The commissioners had now returned with the laws 
of Athens. The tribunes were therefore the more 
insistent that a beginning should be made at last 
towards codification. It was resolved to appoint 
decemvirs, subject to no appeal, and to have no other 
magistrates for that year. Whether plebeians should 

107 



L1VY 

IL.D.O. troversia aliquamdiu fuit ; postremo concessum patri- 
bus, modo ne lex Icilia l de Aventino aliaeque sacratae 
leges abrogarentur. 

A.U.O. XXXIII. Anno treceritensimo 2 altero quam con- 

dita Roma erat iterum nmtatur forma civitatis, ab 
consulibus ad decemviros, quern ad modum ab regibus 
ante ad consules venerat, translate imperio. Minus 

2 insignis, quia non diuturna, mutatio fuit. Laeta enim 
principia magistratus eius nimis luxuriavere ; eo 
citius lapsa res est repetitumque duobus uti man- 

3 daretur consulum nomen imperiumque. Decemviri 
creati Ap. Claudius T. Genucius P. Sestius 3 L. 
Veturius C. lulius A. Manlius P. Sulpicius P. Curia- 

4 tins T. Romilius 4 Sp. Postumius. Claudio et 
Genucio, quia designati consules in eum annum 
fuerant, pro honore honos redditus, et Sestio, alteri 
consulum prioris anni, quod earn rem collega invito 

6 ad patres rettulerat. His proximi habiti legati tres 
qui Athenas ierant, simul ut pro legatione tarn 
longinqua praemio esset honos, simul peritos legum 
peregrinarum ad condenda nova iura usui fore 

6 credebant. Supplevere ceteri numerum. Graves 
quoque aetate electos novissimis suffragiis ferunt, 
quo minus ferociter aliorum scitis adversarentur. 

7 Regimen totius magistratus penes Appium erat 

1 Icilia Glareanus f : acilia (or other corruptions] fl. 

2 trecentensimo Conwai/ and Walters : trecentesimo n. 

3 Sestius (cf. chap, xxxii. 5) : Sextius n. 

4 Romilius D (cf. chap. xxxi. 2 and Dion. Hal. x. Ivi. 2) : 
Romulius (Romolius) n. 

1 The reference is especially to the law establishing the 
tribunate (n. xxxiii. 1). The violation of a sacrata lex entailed 
outlawry on the offender. 

2 A circumstance which Livy did not notice in chap, xxxii. 

108 



BOOK III. xxxii. 7-xxxm. 7 

be permitted a share in the work was for some time B.C. 
disputed ; in the end they yielded to the patricians, 4oi " 4 2 
only bargaining that the Icilian law about the Aven- 
tine and the other sacred laws l should not be 
abrogated. 

XXXIII. In the three hundred and second year B.C. 451 
from the founding of Rome the form of the polity 
was changed again, with the transfer of supreme 
authority from consuls to decemvirs, even as before 
it had passed from kings to consuls. It was not so 
remarkable a change,, because it did not last long. 
For the luxuriant beginnings of this magistracy took 
on too rank a growth ; and in consequence it soon 
died down, and the custom was resumed of entrust- 
ing to two men the name and authority of consuls. 
The decemvirs chosen were Appius Claudius, Titus 
Genucius, Publius Sestius, Lucius Veturius, Gaius 
Julius, Aulus Manlius, Publius Sulpicius, Publius 
Curiatius, Titus Romilius, and Spurius Postumius. 
To Claudius and Genucius, the consuls-elect for that 
year, the new office was given in compensation for 
the other; and to Sestius, one of the consuls of the 
year before, because he had brought the measure 
before the senate against his colleague's will. 2 Next 
to these were honoured the three envoys who had 
gone to Athens, not only that the office might serve 
to reward them for so distant a mission, but also in 
the belief that their knowledge of foreign laws would 
be useful in compiling a new code. The other four 
filled up the number. It is said that old men were 
chosen for the last places, that they might make a 
less vigorous opposition to the measures proposed by 
the rest. The guiding hand in the whole magis- 
tracy was that of Appius, thanks to the favour of the 

109 



LIVY 

A.U.C. favore l plebis ; adeoque novum sibi ingenium in- 
duerat ut plebicola repente omnisque aurae popularis 
captator evaderet pro truci saevoque insectatore 

8 plebis. Decimo die ius populo singuli reddebant. 
Eo die penes praefectum iuris fasces duodecim erant: 
collegis novem singuli accensi apparebant. Et in 
unica concordia inter ipsos, qui consensus privatis 
interdum inutilis est, 2 summa adversus alios aequitas 

9 erat. Moderationis eorum argumentum exemplo 
unius rei notasse satis erit. Cum sine provocatione 
creati essent, defosso cadavere domi apud P. Sestium, 3 

10 patriciae gentis virum, invento prolatoque in con- 
tionem, in re iuxta manifesta atque atroci C. Julius 
decemvir diem Sestio 4 dixit et accusator ad populum 
exstitit, cuius rei iudex legitimus erat, decessitque 
iure 5 suo, ut demptum de vi magistratus populi 
libertati adiceret. 

XXXIV. Cum promptum hoc ius velut ex oraculo 

incorruptum pariter ab iis summi infimique ferrent, 

turn legibus condendis opera dabatur ; ingentique 

hominum exspectatione propositis decem tabulis 

2 populum ad contionem advocaverunt, et quod bonum, 

1 favore P* marg. F 3 Oti z D l $- : pauore n : auore P : p 'auore 
P l : p. 1. auore B. 

* est Duering : esset A. 

3 P. Sestium 5- (chap, xxxii. 5) : p. sextium n : 
sextium Vorm. M. 

4 Sestio PFUHL: festio M ': sextio BOD. 

5 iure 5- : ex iure H. 

1 This sentence and the reference to Claudius's years and 
honours in chap, xxxiii. 3 seem inapplicable to a young man, 

110 



BOOK 111. xxxin. 7-xxxiv. 2 

plebs ; and so novel a character had he assumed, B.C. 451 
that from being a harsh and cruel persecutor of the 
plebs, he came out all at once as the people's friend, 
and caught at every breath of popularity. 1 Sitting 
each one day in ten they administered justice to the 
people. On that day he who presided in court had 
twelve fasces ; 2 his nine colleagues were each 
attended by a single orderly. And while they 
maintained an unparalleled harmony amongst them- 
selves a unanimity sometimes prejudicial to the 
governed, they treated others with the utmost 
fairness. As proof of their moderation, it will suffice 
to note a single example. Though they had been 
chosen to a magistracy from which there was no 
appeal, yet when a corpse was found buried in the 
house of Publius Sestius, a patrician, and produced 
before the assembly, and the man's guilt was as clear 
as it was heinous, Gaius Julius the decemvir sum- 
moned Sestius to trial, and appeared before the 
people to prosecute a man of whose guilt he was the 
lawful judge, surrendering his own prerogative that 
he might add to the liberty of the people what he 
subtracted from the power of the magistracy. 

XXX IV. While this prompt justice, as pure as 
though derived from an oracle, was being meted out 
impartially by the decemvirs to the highest and the 
lowest, they were also busily engaged in framing 
laws. Men's expectations were running high, when 
they set up ten tables, and summoning the people 

and it is probable that the decemvir was, in reality, the 
consul of 471 B.C. (see II. Ivi. 5), not the nephew of C. 
Claudius, as Livy thought (chap. xxxv. 9), which would 
make him the son of the consul of 471. 

8 " Fasces " is here equivalent to " lictors." 

Ill 



LIVY 

A.O.O. faustum felixque rei publicae ipsis liberisque eorum 

3 esset, ire et legere leges propositas iussere. Se, 
quantum deceni hominum ingeniis provider! potuerit, 
omnibus, summis infimisque, iura aequasse ; plus 

4 pollere multorum ingenia consiliaque. Versarent in 
animis secum unamquamque rem, agitarent deinde 
sennonibus, atque in medium quid in quaque re plus 

5 minusve esset conferrent. Eas leges habiturum 
populum Romanum quas consensus omnium non 

6 iussisse latas niagis quam tulisse videri posset. Cum 
ad rumores hominum de unoquoque legum capita 
editos l satis correctae viderentur, centuriatis comitiis 
decem tabularum leges perlatae sunt, qui nunc 2 
quoque, in hoc immense aliarum super alias acerva- 
tarum legum cumulo, fons omnis publici privatique 

7 est iuris. Volgatur deinde rumor duas deesse tabulas 
quibus adiectis absolvi posse velut corpus omnis 
Romani iuris. Ea exspectatio, cum dies comitiorum 
adpropinquaret, desiderium decemviros iterum cre- 

8 andi fecit. lam plebs, praeterquam quod consulum 
nomen haud secus quam regum perosa erat, ne tribu- 
nicium quidem auxilium cedentibus in vicem appel- 
latione 3 decemviris quaerebat. 

XXXV. Postquam vero comitia decemviris creandis 
2 in trinum nundinum indicta sunt, tanta exarsit am- 

1 editos Duker : edito fi. 

2 qui nunc FZ>? 5- : quae (or que) nunc fi : nunc P. 

3 appellatione fl : appellationem BL>* : appellation! Draken- 
borch. 

1 This sentence supports Momrasen's view that the new 
legislation was intended originally to substitute for tribunician 
intercession a limitation of the consular power by written 
law. 

I 12 



BOOK III. xxxiv. 2-xxxv. 2 

to assemble, commanded them with a prayer that B.C. 451 
the result might be prosperous, favourable, and 
fortunate, for the commonwealth, for themselves, 
and for their children to go and read the proposed 
statutes. They themselves, they said, so far as the 
capacities of ten men could forecast the event, had 
equalized the rights of all, both high and low ; but 
there was greater efficacy in the capacities and 
counsels of many. Let them consider each single 
point in their own minds, then discuss it with their 
fellows, and lastly state in public what excess or 
shortcoming there was in the several articles ; the 
Roman People should have only such laws as their 
unanimity might fairly be considered not only to 
have passed, but to have proposed. When it appeared 
that the laws had been sufficiently amended, in the 
light of the opinions that men expressed concerning 
each separate section, the centuriate comitia met 
and adopted the Laws of the Ten Tables ; which 
even now, in this great welter of statutes piled one 
upon another, are the fountain-head of all public 
and private law. Afterwards the opinion was general 
that there lacked two tables, by the addition of 
which a corpus, so to speak, of all the Roman law 
could be rounded out. The hope of filling this 
lack made people desirous, when election day 
drew near, of choosing decemvirs again. The plebs, 
besides the fact that they hated the name of 
consul quite as much as that of king, had already 
ceased to require even the help of the tribunes, 
since the decemvirs yielded to one another when an 
appeal was taken. 1 

XXXV. But when the comitia for the election of 
decemvirs had been announced to take place in four- 



LIVY 

A.U.O. bitio ut primores quoque civitatis metu, credo, ne 
tanti possessio imperil vacuo ab se relicto loco haud 
satis dignis pateret prensarent homines, honorem 
summa ope a se impugnatum ab ea plebe cum qua 

3 contenderant l suppliciter petentes. Demissa 2 iam 
in discrimen dignitas ea aetate iisque honoribus actis 
stimulabat Ap. Claudium. Nescires utrum inter de- 

4 cemviros an inter candidates numerares. Propior 
interdum petendo quam gerendo magistratui erat. 
Criminari optimates, extollere candidatorum levis- 
simum quemque humillimumque, ipse medius inter 

5 tribunicios, Duillios 3 Iciliosque, 4 in foro volitare, per 
illos se plebi venditare, donee collegae quoque, qui 
unice illi dediti fuerant ad id tempus, coniecere in 

6 eum oculos, mirantes quid sibi vellet : apparere nihil 
sinceri esse ; profecto haud gratuitam in tanta super- 
bia comitatem fore : nimium in ordinem se ipsum 
cogere et volgari cum privatis 11011 tarn properantis 
abire magistratu quam viam ad continuandum magis- 

7 tratum quaerentis esse. Propalam obviam ire cupidi- 
tati parum ausi obsecundando mollire impetum 
adgrediuntur. Comitiorum illi habendorum, quando 

8 minimus natu sit, munus consensu iniungunt. Ars 
haec erat, ne semet ipse creare posset, quod praeter 
tribunes plebi et id ipsum pessimo exemplo nemo 



1 contenderant R* $- : contenderent n. 

2 demissa 5- : dimissa (dlmissa B) Ci. 

3 Duillius F 3 Madvig (n. Iviii. 2): duellios n. 
* Icilios que H : silicisosque (silitiosque 0) n. 



1 A nundinum contained 8 days. The name (novem = 
ninej came from the Roman way of counting the Sunday, 
as it were, with the old week, as well as the new. 

114 



BOOK III. xxxv. 2-8 

and-twenty days/ there was a great outburst of B.C. 451 
canvassing ; even the chief men in the state from 
fear, I doubt not, that if they left the field this 
great power might fall into unworthy hands 
solicited men's votes and humbly begged for an 
office which they had themselves opposed with 
all their influence, from those plebeians with whom 
they had contended. The risk of losing his 
position, at his time of life, and after holding the 
offices he had held, acted as a spur to Appius Claudius. 
One would not have known whether to reckon him 
among the decemvirs or the candidates. He was at 
times more like one who sought a magistracy than 
like one who exercised it. He vilified the nobles; 
praised all the most insignificant and low-born 
candidates ; and surrounding himself with former 
tribunes, like Duillius and Icilius, bustled about the 
Forum, and through them recommended himself to 
the plebs ; till even his colleagues, who had been 
singularly devoted to him until then, looked askance 
at him and wondered what this could mean. It was 
evident there could be nothing genuine about it; so 
proud a man would certainly not be affable for 
nothing ; excessive self-abasement and mingling with 
private citizens were not so much the marks of one 
who was in haste to retire from office as of one who 
sought the means of re-election. Open opposition 
to his desires being more than they dared venture, 
they endeavoured by a show of complaisance to 
lessen its intensity ; and unanimously appointed him, 
as their youngest colleague, to preside at the election. 
This was a trick, that he might be unable to declare 
himself elected, a thing which none but tribunes of 
the plebs (and even there the precedent was most 



LIVY 

t.u.o. unquam fecisset. Ille enimvero, quod bene vertat, 
9 habiturum se comitia professus, impedimentum pro 
occasione arripuit, deiectisque honore per coitionem l 
duobus Quinctiis, Capitolino et Cincinnato, et patruo 
suo C. Claudio, constantissimo viro in optimatium 
causa, et aliis eiusdem fastigii civibus, nequaquam 

10 splendore vitae pares decemviros creat, se in primis, 
quod baud secus factum improbabant boni quam 

11 nemo facere ausurum crediderat. Creati cum eo 
M. Cornelius Maluginensis M. Sergius L. Minucius 
Q. Fabius Vibulanus Q. Poetelius 2 T. Antonius 
Merenda K. Duillius 3 Sp. Oppius Cornicen M'. 
Rabuleius. 

A.U.C. XXXVI. Ille finis Appio alienae personae ferendae 

3')4 

fuit. Suo iam inde vivere ingenio coepit novosque 
collegas, iam priusquam inirent magistratum, in suos 
2 mores formare. Cottidie coibant remotis arbitris ; 
inde impotentibus instructi consiliis, quae secreto ab 
aliis coquebant, iam baud dissimulando superbiam, 
rari aditus, conloquentibus difficiles, ad idus Maias 

1 coitionem Sigonius : contionem (contentionem M} H. 
! Poetelius Sigonius (O.I.L. i 2 , pp. 126, 130) : poetilius n. 
3 K. Duillius f (cf. ii. Iviii. 2 ; l>ion. Hal. x. Iviii. 4) : 
c. duillius M : c. duilius fl : eduilius RD. 

1 Coitio is an understanding between two candidates 
whereby the stronger transfers a part of his support to the 
weaker, in order to defeat a third candidate. 



BOOK III. xxxv. 8-xxxvi 2 

vicious) had ever done. But Ap'pius, strange as it B.C. 45; 
may seem, having promised,, with a prayer for 
Heaven's blessing, to convene the comitia, turned 
the obstacle into an opportunity. He effected by 
collusion 1 the defeat of the two Quinctii, Capitolinus 
and Cincinnatus, of his uncle Gains Claudius, a 
steadfast champion of the aristocratic cause, and of 
other citizens of the same exalted rank ; and declared 
the election of decemvirs who were no match for 
these men in excellence. His own name he announced 
among the first, a thing which good citizens con- 
demned with as perfect unanimity, now it was done, 
as they had before believed he would not dare to do 
it. With him were elected Marcus Cornelius Malugi- 
nensis, Marcus Sergius, Lucius Minucius, Quintus 
Fabius Vibulanus, Quintus Poetelius, Titus Antonius 
Merenda, Caeso Duillius, Spurius Oppius Cornicen, 
Manius Rabuleius. 2 

XXXVI. Appius now threw off the mask he had B.C. 450 
been wearing, and began from that moment to live 
as his true nature prompted him. His new colleagues 
too he commenced, even before they entered upon 
office, to fashion after his own character. Every 
day they met together without witnesses. The 
tyrannical designs which they there adopted they 
matured in secret. They now no longer sought to 
conceal their pride ; they \vere difficult of access, 
and surly towards those who sought to speak with 
them. Thus they carried matters until the Ides of 



a Dion. Hal. xi. xxiii. says that Poetelius, Duillius, and 
Oppius were plebeians, as were probably Antonius and 
Rabuleius as well. But Livy tells us (iv. iii. 17) that 
they were all patricians. 

VOL.11. E II7 



LIVY 

A.U.C. 3 rem perduxere. Idus turn Maiae solleranes ineundis 

"ill 

magistrati bus erant. Inito igitur magistratu l primum 
honoris diem denuntiatione ingentis terroris insignem 
fecere. Nam cum ita priores decemviri servassent ut 
unus fasces haberet et hoc insigne regium in orbem, 
suam cuiusque vicem, per omnes iret, subito omnes 

4 cum duodenis fascibus prodiere. Centum viginti 
lictores forum impleverant et cum fascibus secures 
inligatas praeferebant ; nee attinuisse demi securem, 
cum sine provocation e creati essent, interpreta- 

6 bantur. Decem regum species erat multiplicatusque 
terror non infimis solum sed primoribus patrum, ratis 
caedis causam ac principium quaeri, ut si quis 
memorem libertatis vocem aut in senatu aut in 
populo 2 misisset statim virgae securesque etiam ad 

6 ceterorum metum expedirentur. Nam praeterquam 
quod in populo nihil erat praesidii sublata pro- 
vocatione, intercessionem quoque consensu sustu- 
lerant, cum priores decemviri appellatione collegae 
corrigi reddita ab se iura tulissent et quaedam, quae 
sui iudicii videri possent, ad populurn reiecissent. 

7 Aliquamdiu aequatus inter omnes terror fuit; paulatim 
totus vertere in plebem coepit. Abstinebatur a patri- 
bus ; in humiliores libidinose crudeliterque consule- 

1 Inito igitur magistratu Madvig (after Dukcr) : initio igitur 
magistratus H. 

2 in populo 5- : in populum fl. 

1 May 15th. 
tl8 



BOOK III. xxxvi. 2-7 

May, 1 at that time the traditional date for begin- B.c.45o 
ning a term of office. So then, when they had 
taken up their duties, they signalized the first day 
of their administration by a terrible threat. For 
whereas the former decemvirs had kept to the rule 
that only one should have the fasces, and that this 
regal emblem should pass from one to another in 
rotation, so that each should have his turn, they 
suddenly appeared in public, every man with his 
twelve fasces. A hundred and twenty lictors crowded 
the Forum, and before them, bound up in the rods, 
they carried axes. And indeed the decemvirs ex- 
plained that there had been no reason for removing 
the axe, since the office to which they had been 
chosen was without appeal. They seemed like ten 
kings ; and the terror they inspired, not only in the 
humblest citizens but in the leaders of the senate, 
was intensified by the belief that the decemvirs were 
merely seeking a pretext and an opening for blood- 
shed, so that if anybody should pronounce a word in 
praise of liberty, either in the senate or before the 
people, the rods and axes might instantly be made 
ready, were it only to frighten the rest. For besides 
that there was no help in the people, the right of 
appeal having been taken away, they had further 
agreed not to interfere with each other's decisions ; 
whereas their predecessors had allowed their judg- 
ments to be revised upon appeal to one of their 
colleagues ; and certain cases which might have been 
held to be within their own competence they had 
referred to the people. For a brief period the terror 
was shared equally by all ; but little by little its full 
force began to fall upon the plebs. The patricians 
were left unmolested ; humbler folk were dealt with 

119 



LIVY 
A.U.O. batur. Hominum, non causarum toti erant, ut apud 

304 

8 quos gratia vim aequi haberet. Indicia domi con- 
flabant, pronuntiabant in foro. Si quis collegam 
appellasset, ab eo ad quern venerat ita discedebat ut 

9 paeniteret non prioris decreto stetisse. Opinio etiam 
sine auctore exierat non in praesentis modo ternporis 
eos iniuriam conspirasse, sed foedus clandestinum 
inter ipsos iure iurando ictum, ne comitia haberent 
perpetuoque decemviratu possessum semel obtinerent 
imperium. 

A.U.O. XXXVII. Circumspectare turn patriciorum voltus 

plebeii et inde libertatis captare auraui unde servi- 
tuteni timendo in eum statum rem publicam ad- 

2 duxerant. Primores patrum odisse decemviros, odisse 
plebem ; nee probare quae fierent, et credere hand 
indignis accidere ; avide ruendo ad libertatem in 

3 servitutem elapsos iuvare nolle, cumulari l quoque 
iniurias, ut taedio praesentium consules duo tandem 

4 et status pristinus rerum in desiderium veiiiant. lam 
et processerat pars maior anni et duae tabulae legum 
ad prioris anni decem tabulas erant adiectae, nee 
quicquam iam supererat, si eae quoque leges centuri- 
atis comitiis perlatae essent, cur eo magistratu rei 

6 publicae opus esset. Exspectabant quam mox con- 
sulibus creandis comitia edicerentur. Id modo 

1 cumulari Madmg : cumulare (cumin. H) n. 

I2O 



BOOK III. xxxvi. 7-xxxvn. 5 

arbitrarily and cruelly. It was all a question of persons, B.C. 450 
not of causes, with the decemvirs, since influence held 
with them the place of right. They concocted their 
judgments in private, and pronounced them in the 
Forum. If anybody sought redress from another 
decemvir, he came away regretting that he had not 
accepted the decision of the first. Moreover a 
report had got out, though it was not vouched for, 
that they had not only conspired for present wrong- 
doing but had ratified with an oath a secret agree- 
ment amongst themselves not to call an election, 
but by means of a perpetual decemvirate to hold 
the power they had once for all acquired. 

XXX VI I. The plebeians then fell to searching the B.C. 449 
countenances of the patricians, and would catch at 
the breath of freedom in that quarter where they 
had so feared enslavement as to have reduced the 
state to its present plight. The leading senators 
hated the decemvirs and hated the plebs. They 
could not approve of the things that were being 
done ; still they believed them to be not undeserved. 
They had no desire to help those who in their greedy 
rush for liberty had fallen upon servitude, preferring 
that their wrongs should even be multiplied, that 
disgust at their actual situation might in the end 
arouse a longing for the two consuls and the former 
status of affairs. And now the greater part of the 
year had passed, and the two tables of laws had been 
added to the ten of the year before ; nor was there 
any further business to make the decemvirate 
necessary to the republic, so soon as those statutes too 
should have been enacted in the centuriate assembly. 
People were anxiously looking forward to the time 
when the comitia for the election of consuls should 

121 



LIVY 

vu.o. plebes l agitabat, quonam modo tribuniciam potes- 
tatem, munimentura libertati, rem intermissam, re- 
pararent ; cum interim mentio comitiorum nulla 
G fieri. Et decemviri, qui primo tribunicios homines, 
quia id populare habebatur, circum se ostentaverant 
plebi, patriciis iuvenibus saepserant latera. Eorum 

7 catervae tribunalia obsederaiit. Hiferreagere plebem 
plebisque res, cum fortuna, quidquid 2 cupitum foret, 

8 potentioris esset. Et iam ne tergo quidem abstine- 
batur ; virgis caedi, alii securi subici ; et ne gratuita 
crudelitas esset, bonorum donatio sequi domini sup- 
plicium. Hac mercede iuventus nobilis corrupta non 
modo non ire obviam iniuriae, sed propalam licentiam 
suam malle quam omnium libertatem. 

XXXVIII. Idus Maiae venere. Nullis subrogatis 
magistratibus privati pro decemviris neque animis ad 
imperium inhibendum imminutis neque ad speciem 
honoris insignibus prodeunt. Id vero regnum haud 

2 dubie videri. Deploratur in perpetuum libertas, nee 
vindex quisquam exsistit aut futurus videtur. Nee 
ipsi solum desponderant animos, sed contemni coepti 
erant a finitimis populis, imperiumque ibi esse ubi 

3 non esset libertas indignabantur. Sabini magna 
manu incursionem in agrum Romanum fecere ; lateque 

1 plebes HIP : plebs : plebe FfilDL: plebem P-FUBD*. 

2 quidquid Duker: qua quidquid (qui quicquid H) n. 

1 Rome enjoyed no hegemony over Sabines and Aequians 
at this time, though Livy evidently thinks she did. 

122 



BOOK III. x.xxvn. 5 xxxvin. 3 

be announced. The plebeians felt only one con- B.C. 449 
cern : how were they ever going to restore the 
tribunician power (their bulwark of liberty) which 
had been suspended ? Meanwhile there was no 
mention of an election. And the decemvirs, who 
had at first exhibited themselves to the plebs in the 
society of former tribunes, because this had been 
thought a recommendation to the people, had now 
assumed a retinue of young patricians. Their bands 
blocked the tribunals. They bullied the plebs and 
plundered their possessions ; for success attended 
the strong, no matter what they coveted. And now 
they ceased even to respect a man's person ; some 
they scourged with rods, others they made to feel 
the axe ; and, that cruelty might not go unrequited, 
they bestowed the victim's property upon his slayer. 
Corrupted by these wages, the young nobles not 
only made no stand against wrong-doing, but frankly 
showed that they preferred licence for themselves to 
liberty for all. 

XXXVIII. The Ides of May came. Without caus- 
ing any magistrates to be elected, the decemvirs, 
now private citizens, appeared in public with no 
abatement either of the spirit with which they 
exercised their power or the insignia which pro- 
claimed their office. But this was unmistakable 
tyranny. Men mourned for liberty as for ever lost ; 
nor did any one arise, or seem likely to do so, in its 
defence. And not only had the people themselves 
lost heart ; but they had begun to be despised by 
the neighbouring nations, who could ill brook the 
existence of imperial power where there was no 
liberty. 1 The Sabines made an incursion with a 
large force into Roman territory, which they every- 

123 



LIVY 

A.U.C. populati, cum hominum atque pecudum inulti praedas 
egissent, recepto ad Eretum * quod passim vagatum 
erat agmine castra locant, spem in discordia Romana 

4 ponerites : earn impedimentum dilectui fore. Non 
nuntii solum sed per urbem agrestium fuga trepida- 
tionem iniecit. Decemviri consultant quid opus facto 
sit, destituti inter patrum et plebis odia. Addit 2 ter- 

5 rorem insuper alium fortuna. Aequi alia ex parte 
castra in Algido locant depopulanturque inde excur- 
sionibus Tusculanum agrum. Legati ea 3 ab Tusculo 

6 praesidium orantes nuntiant. Is pavor perculit de- 
cemviros ut senatum simul duobus circumstantibus 
urbem bellis consulerent. Citari iubent in curiam 
patres hand ignari quanta invidiae immineret tem- 

7 pestas : omnes vastati agri periculorumque imminen- 
tium causas in se congesturos, temptationemque earn 
fore abolendi sibi magistratus, ni consensu resisterent 
imperioque inhibendo acriter in paucos praeferocis 

8 animi conatus aliorum comprimerent. Postquam 
audita vox in foro est praeconis patres in curiam 
ad decemviros vocantis, velut nova res, quia inter- 
miserant iam diu morein consulendi senatus, mira- 
bundam plebem convertit, quidnam incidisset, cur ex 

9 tanto intervallo rem desuetam usurparent; hostibus 

1 ad Eretum $-: ad fretum li : ac eretum M ? : ad efretum 
PFU. 

2 additn: addidit VHEDL. 

9 legati ea V\ legatie D\ : legati n. 

124 



BOOK III. xxxvin. 3-9 

where laid waste. Having safely driven off their B.C. 449 
booty, comprising men and beasts, they withdrew' 
their army, which had ranged far and wide, to 
Eretum. There they established a camp, hoping 
that the want of harmony at Rome would interfere 
with the levying of troops. Not only the messengers 
who came, but the flight of the country-people, who 
thronged the City, inspired a feeling of dismay. 
The decemvirs considered what they had best do ; 
for they were left in the lurch by the hatred of the 
patricians on the one side and of the plebs on the other. 
Moreover Fortune sent an additional alarm. The 
Aequi came from another quarter and encamped 011 
Algidus, and from there raided the lands of Tusculum. 
Tusculan envoys brought tidings of these acts, and be- 
sought protection. The fright which this occasioned 
drove the decemvirs, now that the City was hemmed 
in between two simultaneous wars, to consult the 
senate. They ordered the Fathers to be summoned 
to the Curia, though they were not ignorant how 
great a storm of unpopularity was brewing : the 
devastation of the land and the dangers which 
impended would be laid by everybody at their 
doors ; and this would lead to an attempt being 
made to abolish their magistracy, unless they pre- 
sented a united resistance, and by sharply exercising 
their power upon the few really daring spirits, put a 
stop to the efforts of the rest. When the crier's 
voice was heard in the Forum, calling the senators 
to meet the decemvirs in the Curia, it was like an 
innovation, so long had they disregarded the custom 
of consulting the senate, and it aroused the attention 
of the plebs, who wondered what in the world could 
have happened, that after so long an interval they 

125 



LIVY 

A.TI.O. belloque gratiam habendam, quod solitum quicquam 

305 

liberae civitati 1 fieret. Circumspectare omnibus fori 

10 partibus senatorem raroque usquam noscitare ; curiam 
inde ac solitudinem circa decemviros intueri, cum et 
ipsi 2 consensu invisum imperium et plebs, quia privatis 
ius non csset vocandi senatum, non convenire patres 
interpretarentur : iam caput fieri libertatem repeten- 
tium, si se plebs comitem senatui det, et quern ad 
modum patres vocati non coeant in senatum, sic plebs 

11 abnuat dilectum. Haec fremunt plebes. Patrum 
baud fere quisquam in foro, in urbe rari erant. Indig- 
nitate rerum cesserant in agros, suarumque rerum 
erant amissa publica, tantum ab iniuria se abesse 
rati, quantum a coetu congressuque impotentium 

12 dominorum se amovissent. Postquam citati non con- 
veniebant, dimissi circa domos apparitores simul ad 
pignera capienda sciscitandumque num consulto 
detrectarent referunt senatum in agris esse. Laetius 
id decemviris accidit quam si praesentes detrectare 

13 imperium referrent. lubent acciri omnes, sena- 
tumque in diem poster um edicunt ; qui aliquanto 



1 civitati Drakenborch (confirmed by V] : ciuitatis fl. 
ipsi n : ipsis M : ipsi suum Conway and Walters. 



126 



BOOK III. xxxvm. 9-13 

should be reviving a forgotten usage ; the enemy and B.O. 449 
the war deserved men's gratitude, if anything what- 
ever was being done which was usual in a free state. 
Men looked about in every corner of the Forum to 
discover a senator, and seldom recognized one any- 
where ; then their glances rested on the Curia and 
the decemvirs sitting there alone. Meantime the 
decemvirs themselves explained the Fathers' failure 
to assemble as owing to the universal detestation of 
their rule ; the commons as due to their having no 
authority, being private citizens, to convoke the 
senate : a beginning, it seemed, was already being 
made towards the recovery of freedom, if the plebs 
would join with the senate ; and if, even as the 
Fathers were refusing, when summoned, to attend 
the session, so they, for their part, would reject the 
levy. Such were the murmurs of the plebs. 
Of senators there was scarce one in the Forum, and 
there were but few in the City. In their resentment 
at the situation they had withdrawn to their farms 
and were absorbed in their private affairs, disregard- 
ing those of the nation ; for they felt that they were 
secure from insult only so far as they removed them- 
selves from contact and association with their tyran- 
nical masters. When on being cited they failed to 
appear, officers were sent round to their houses, for 
the double purpose of exacting fines and of ascer- 
taining whether their recalcitrancy were deliberate. 
They reported that the senators were in the country. 
This was more pleasing to the decemvirs than if 
they, had announced that the Fathers were in town 
and repudiated their authority. They commanded 
them all to be summoned, and proclaimed a meeting 
of the senate for the following day. This session 

127 



LIVY 

A.n.o. spe ipsorum frequentior convenit. Quo facto proditam 
a patribus plebs libertatem rata, quod iis qui iam 
magistratu abissent privatisque, si vis abesset, tam- 
quam iure cogentibus senatus paruisset. 

XXXIX. Sed magis oboedienter ventum in curiam 1 

2 quam obnoxie dictas sententias accepimus. L. Va- 
lerium Potitum proditum memoriae est post rela- 
tionem Ap. Claudi, priusquam ordine sententiae 
rogarentur, postulando ut de re publicaliceret dicere, 
prohibentibus miiiaciter decemviris proditurum se ad 

3 plebemdenuntiantemtumultum excivisse. Nee minus 
ferociter M. Horatium Barbatum isse in certamen, 
decem Tarquinios appellantem admonentemque Va- 

4 leriis et Horatiis ducibus pulsos reges. Nee nominis 
homines turn pertaesum esse, quippe quo lovem 
appellari fas sit, quo Romulum, conditorem urbis, 
deincepsque reges, 2 quod sacris etiam ut sollemne 
retentum sit : superbiam violentiamque turn perosos 

5 regis. Quae si in rege turn 3 aut in filio regis ferenda 
non fuerint, quern eadem 4 laturum in tot privatis? 

6 Viderent ne vetando in curia libere homines loqui 
extra curiam etiam moverent vocem ; neque se videre 

1 in curiam Madvig : in curiam est (esse M) n. 
1 reges Madvig : reges appellatos fl. 
3 rege turn Walters : rege turn eodem n. 
* quern eadem laturum Walters : quern laturum n : qua 
laturiam R : quam laturiam DL. 

1 Livy did not mention Horatius in his account of the ex- 
pulsion of the kings, but he is named by Dion. Hal. iv. 
Ixxxv. Here Livy and Dion. Hal. (xi. v. ), are in agreement, 
and are perhaps following the account of Licinius Macer. 

8 See ii. ii. 1. 

128 



BOOK III. xxxviii. i3~xxxix. 6 

was somewhat better attended than they had them- B.C. 449 
selves expected. Whereupon the plebs concluded 
that liberty had been betrayed by the senators, since 
those who had already gone out of office and were 
mere private citizens, save for the force they exer- 
cised, were obeyed by them as though they had the 
authority to command. 

XXXIX. But their obedience in coming to the 
senate-house was greater, we are told, than their 
submissiveness in the expression of their views. 
It is related that Lucius Valerius Potitus, after 
Appius Claudius had proposed his motion and before 
the senators were called upon in order for their 
opinions, demanded leave to speak on the state of 
the nation ; and when the decemvirs tried with 
threats to prevent his doing so, stirred up a violent 
commotion by declaring that he would go before the 
plebs. With equal spirit, it is said, did Marcus 
Horatius Barbatus enter the dispute, calling them 
ten Tarquinii, and warning them that the Valerii 
and the Horatii had been leaders in the expulsion of 
the kings. 1 Nor was it the name, said he, which 
had then disgusted men, since by this name Jupiter 
was duly called ; and Romulus, the founder of the 
City ; and the successive kings ; and it had even 
been retained for religious rites as a solemn title. 2 
No, it was the pride and violence of the king which 
men had hated in those days ; and if these qualities 
had then been intolerable in a king, or the son of a 
king, who would endure them in so many private 
citizens? Let them beware lest by denying men 
freedom of speech in the Curia they should set them 
a-talking outside the Curia as well. He could not 
see, he continued, how, as a private citizen, he was 

129 



LIVY 

qui l sibi minus private ad contionem populum vocare 

7 quam illis senatum cogere liceat. Ubi vellent ex- 
perirentur quanto fortior dolor in libertate 2 sua 
vindicanda quam cupiditas in iniusta dominatione 

8 esset. De bello Sabino eos referre, tamquam maius 
ullum populo Romano bellum sit quam cum iis 3 qui 
legum ferendarum causa creati nihil iuris in civitate 
reliquerint, qui comitia, qui annuos magistrates, qui 
vicissitudinem imperitandi, quod unum exaequandae 
sit libertatis, sustulerint ; qui privati fasces et regium 

9 imperium habeant. Fuisse regibus exactis patricios 
magistratus, creates postea post secessionem plebis 
plebeios ; cuius illi partis essent, rogitare. Populares ? 
Quid enim eos per populum egiss^ ? Optimates ? Qui 
anno iam prope senatum non habuerintj nunc 4 ita 

10 habeaiit, ut de re publica loqui prohibeant ? Ne 
nimium in metu alieno spei ponerent ; graviora 
quae patiantur videri iam hominibus quam quae 
metuant. 

XL. Haec vociferante Horatio cum decemviri nee 
irae nee ignoscendi modum reperirent nee quo evasura 
2 res esset cernereiit, C. Claudi, qui patruus Appi de- 
cemviri erat, oratio fuit precibus quam iurgio similior, 5 
orantis per sui fratris parentisque eius manes ut 

1 qui UOli 2 : quin n. 

2 in libertate R*D*<? : libertate n. 

3 iis 5- : is MPO : his n. 

4 nunc Scheller : tune fl. 

6 similior 11* Ascensius: similis n. 

130 



BOOK III. xxxix. 6-xL. 2 

less entitled to assemble the people for a speech BC. 
than they were to convene the senate. When they 
liked they might learn by making the experiment 
how much stronger indignation was in the vindica- 
tion of a man's own liberty than was ambition in 
defence of unjust power. The decemvirs talked of 
a Sabine war, as if any war were more important to 
the Roman People than war with those who, though 
they had been appointed to propose statutes, had left 
no law in the state ; who had done away with 
elections, with annual magistracies, with the succes- 
sion of new governors the only means of equalizing 
liberty ; and who, though private citizens, had the 
rods and the power of kings. Following the expulsion 
of the kings there had been patrician magistrates ; 
later, after the secession of the plebs, plebeian 
magistrates had been elected. Of what party, he 
asked, were they? Of the popular party? Pray 
what had they done through the agency of the 
people ? Of the aristocratic party ? When they 
had held no meeting of the senate for close upon a 
year, and were now so conducting it as to suppress 
discussion of the national welfare ? Let them not 
trust too much to other men's fears ; the things men 
were enduring now seemed more grievous to them 
than the things they feared. 

XL. While Horatius was thus declaiming, the 
decemvirs were at a loss to know how far they could 
afford either to resent or to overlook it ; nor could 
they make out what the upshot was likely to be. 
But Gaius Claudius, the uncle of Appius the decemvir, 
made a speech, approaching more nearly to entreaty 
than expostulation, in which he implored him in the 
name of his own brother's and his father's departed 



305 



LIVY 

A.U.C. 3 civilis potius societatis, in qua natus esset, quam 
foederis nefarie icti cum collegis meminisset. Multo 
id magis se illius causa orare quam rei publicae ; 

4 quippe rem publicam, si a volentibus nequeat, ab 
invitis ius expetituram ; sed ex magno certamine 
magnas excitari ferine iras ; earum eventum se hor- 

5 rere. Cum aliud praeterquam de quo rettulissent 
decemviri dicere prohiberent, Claudium interpellandi 
verecundia fuit. Sententiam igitur peregit nullum 

6 placere senatus consultum fieri. Omnesque ita acci- 
piebant, privates eos a Claudio iudicatos ; multique 

7 ex consularibus verbo adsensi sunt. Alia sententia, 
asperior in speciem, vim minorem aliquanto habuit, 
quae patricios coire ad prodendum interregem iube- 
bat. Ceiisendo enim quodcumque 1 magistratus esse 
qui senatum haberent iudicabant,quos privates fecerat 

8 auctor nullius senatus consulti faciendi. Ita labente 
iam causa decemvirorum L. Cornelius Maluginensis, 
M. Cornell decemviri frater, cum ex consularibus ad 
ultimum dicendi locum consulto servatus esset, simu- 
lando curam belli fratrem collegasque eius tuebatur, 

9 quonam fato incidisset mirari se dictitans ut de- 
cemviros, qui decemviratum petissent aut soli ii aut 2 

10 maxime oppugnarent ; aut quid ita, cum per tot 

1 quodcumque Madvig : quoscumque (quiscunque F) n. 

2 aut soli ii aut Conway : aut soli aut ii Crevier : aut solii 
aut hi 5- : aut socii aut ii (or hi) fl. 

132 



BOOK III. XL. 3-10 

spirits to remember rather the civil society in which B.O 449 
he had been born than the wicked compact he had 
entered into with his colleagues. This he begged 
much more for Appius's own sake than for the sake of 
the nation ; indeed the nation would demand its 
rights in spite of the decemvirs, if they did not 
accord them voluntarily; but a great struggle 
usually aroused great passions, and he shuddered 
to think what these might lead to. Although the 
decemvirs wished to prevent discussion of anything 
but the subject they had introduced, they were 
ashamed to interrupt Claudius, who accordingly 
brought his speech to a conclusion, with the proposal 
that the senate should take no action. Everybody 
accepted this as meaning that Claudius held the 
decemvirs to be private citizens ; and many of con- 
sular rank signified their approval, without discussion. 
Another motion, ostensibly harsher, but in reality 
somewhat less drastic, directed the patricians to 
assemble and proclaim an interrex. For by passing 
any measure whatsoever they declared those who 
presided over the senate to be magistrates ; whereas 
they had been rated as mere citizens by him who 
advised the senate against adopting any resolution. 
Thus the cause of the decemvirs was already 
collapsing, when Lucius Cornelius Maluginensis, 
brother of Marcus Cornelius the decemvir, who 
had purposely been reserved to be the last speaker 
among the ex-consuls, defended his brother and his 
brother's colleagues by feigning anxiety about the 
war. He said he wondered by what fatality it had 
come about that the decemvirs were being attacked 
solely, or at least chiefly, by those who had sought 
election to that office ; or why it was that during 

133 



LIVY 

A ;V'P' menses vacua civitate nemo iustine magistratus sum- 

si & ~ 

mae rerum praeessent controversiam fecerit, 1 nunc 
demum cum hostes prope ad portas shit, civiles dis- 
cordias serant, nisi quod in turbido minus perspicuum 

11 fore putent quid agatur. Ceterum nonne enim 2 
maiore cura occupatis animis verum esse praeiudicium 
rei tantae auferri? sibi placere de eo quod Valerius 
Horatiusque ante idus Maias decemviros abisse 
magistratu 3 insimulent, bellis quae immineant per- 
fectis, re publica in tranquillum redacta, senatu 

12 disceptante agi, et iam mine ita se parare Ap. 
Claudium ut comitiorum quae decemviris creandis 
decemvir ipse habueiit sciatsibi rationem reddendam 
esse utrum in unum annum creati sint, an donee 

13 leges quae deessent perferrentur. In praesentia 
onmia praeter bellum omitti placere ; cuius si falso 
famam volgatam, vanaque non nuntios solum sed 
Tusculanorum etiam legates adtulisse putent, spe- 
culatores mittendos censere qui certius explorata 

14 referant; sin fides et nuntiis et legatis habeatur, 
dilectum primo quoque tempore haberi et decemviros 
quo cuique eorum videatur exercitus ducere nee rem 
aliam praeverti. 

XLI. In hanc sententiam ut discederetur iuniores 

1 fecerit F 3 U : fecerint (fecerunt 0} Cl. 

2 nonne enim Walters: neminem (nemini Be Ml) fl. 

3 magistratu F 3 (or F*) DX : magistratum n. 



1 Apparently the decemvirs were technically within their 
rights in claiming that they held office until the tables were 
ratified by popular vote. 

134 



BOOK III. XL. IO-XLI. i 

the many months in which the state had been at B.C. 449 
peace nobody had raised the question whether regu- 
lar magistrates were at the head of affairs, and only 
now, when the enemy were almost at their gates, 
were men sowing political dissension ; unless it was 
because they thought that in troubled waters it 
would be harder to discern what was going on. 
For the rest, was it not right that when men's 
attention was taken up with the larger concern, all 
prejudgment of so important a matter should be 
eliminated ? He therefore proposed, concerning the 
charge brought by Valerius and Horatius that the 
official term of the decemvirs had expired on the day 
before the Ides of May, that they should first con- 
clude the impending wars and restore the state's 
tranquillity, and then refer the question to the senate 
for settlement ; and that Appius Claudius should 
at once make up his mind to recognize that he must 
explain, regarding the comitia which he had held 
for the election of decemvirs being one himself 
whether they were chosen for one year or until the 
missing laws should be enacted. 1 For the present 
he thought they should pay no attention to anything 
but the war. If the current rumours about it seemed 
to them to be false, and if they supposed that not 
only tiie couriers but the Tusculan envoys also had 
brought them idle stories, he suggested that they 
send out scouts to investigate and return with more 
certain information. But if they trusted both 
couriers and envoys, a levy should be held at the 
earliest possible moment ; and the decemvirs should 
lead the armies whither it seemed good to each of 
them, giving precedence to no other business. 

XLI. The younger senators were about to force 

135 



LIVY 

^305' patrum evincebant. Ferocioresque iterum coorti Va- 
lerius Horati usque vociferari ut de re publica liceret 
dicere ; dicturos ad populum, si in senatu per factionem 
non liceat ; neque enim sibi privates aut in curia aut 
in contione posse obstare, neque se imaginariis fasci- 

2 bus eorum cessuros esse. Turn Appius, iam prope 
esse ratus ut ni violentiae eorum pari resisteretur 

3 audacia victum imperium esset, " Non erit melius " 
inquit, "nisi de quo consulimus vocem misisse," et 
ad Valerium, negantem se private reticere, lictorem 

4 accedere iussit. Iam Quiritium fidem implorante 
Valeric a curiae limine, L. Cornelius complexus 
Appium, non cui 1 simulabat consulendo, diremit 
certamen ; factaque per Cornelium Valerio dicendi 
gratia quae vellet, cum libertas non ultra vocem ex- 

6 cessisset, decemviri propositum tenuere. Consulares 
quoque ac seniores ab residuo tribuniciae potestatis 
odio, cuius desiderium plebi multo acrius quam con- 
sularis imperil rebantur esse, prope malebant post- 
modo ipsos decemviros voluntate abire magistratu 

6 quam invidia eorum exsurgere rursus plebem : si 
leniter ducta res sine popular! strepitu ad consules 
redisset, aut bellis interpositis aut moderatione con- 
sulum in imperils exercendis posse in oblivionem 
tribunorum plebem adduci. 

1 non cui Form,? (Rhcnanus) : non quid cui M: non quid 
(qd. 0)0.: non quod 



1 He pretended concern for Valerius, but was really 
prompted by a wish to further the ends of Appius, by 
preventing an undesirable test of men's temper. 

136 



BOOK III. XLI. 1-6 

this motion through on a division, when Valerius and B.C. 449 
Horatius, in a second and more impassioned out- 
burst, demanded that they be permitted to speak 
about the state of the nation. They would address 
the people, they said, if they were restrained by a 
faction from speaking in the senate ; for neither could 
private citizens prevent them, whether in the senate- 
house or in an assembly, nor would they yield to the 
emblems of a fictitious authority. Thereupon Appius, 
thinking the moment was at hand when, unless he 
opposed their violence with equal boldness, his 
authority was doomed, cried out, " It will be safer 
not to utter a word except on the subject of de- 
bate !" And when Valerius asserted that he would 
not be silenced by a mere citizen, he sent a lictor to 
arrest him. Valerius was imploring the citizens for 
help, from the threshold of the Curia, when Lucius 
Cornelius, throwing his arms about Appius, and 
feigning to be concerned for the other man, 1 stopped 
the quarrel. At his request Valerius was permitted 
to say what he wished. But liberty went no further 
than speech ; the decemvirs made good their design. 
Even the ex-consuls and the elder senators, in con- 
sequence of their lingering hatred of the tribunician 
power, which they thought the plebs regretted much 
more keenly than they did the authority of the con- 
suls, almost preferred that at some later time the de- 
cemvirs should voluntarily abdicate than that hatred 
of them should lead to another rising of the plebs. 
If gentle measures should restore the government to 
the consuls, without any popular outcry, they might, 
either through the intervention of wars, or through 
the moderation of the consuls in the exercise of their 
power, bring the plebeians to forget the tribunes. 

137 



LIVY 

A 305' ' Silentio patrum edicitur dilcctus. luniores, cum 
sine provocatione imperium esset, ad nomina re- 
spondent. Legionibus scriptis inter se decemviri 
comparant, 1 quos ire ad bellum, quos praeesse exer- 

8 citibus oporteret. Principes inter decemviros erant 
Q. Fabius et Ap. Claudius. Bellum domi mains 
quam foris apparebat. Appi violentiam aptiorem 
rati ad comprimendos urbanos motus ; in Fabio minus 
in bono constans potius quam 2 navum in malitia 

9 ingenium esse. Hunc enim virum, egregium olim 
domi militiaeque, decemviratus collegaeque ita mu- 
taverant, ut Appi quam sui similis mallet esse. Huic 
bellum in Sabinis M'. Rabuleio 3 et Q. Poetelio 4 

10 additis collegis mandatum. M. Cornelius in Algidum 
missus cum L. Minucio et T. Antonio et K. Duillio 
et M. Sergio. 5 Sp. Oppium Ap. Claudio adiutorem 
ad urbein tuendam aequo omnium decemvirorum 
imperio decernunt. 

XLII. Nihilo militiae quam domi melius res 

2 publica administrata est. Ilia modo in ducibus culpa 
quod ut odio essent civibus fecerant ; alia omnis 
penes milites noxia erat, qui ne quid ductu atque 
auspicio decemvirorum prospere usquam gereretur 
vinci se per suum atque illorum dedecus patiebantur. 

3 Fusi et ab Sabinis ad Eretum 6 et in Algido ab Aequis 

1 comparant Cobet : comparabant n. 

2 constans potius quam //. J. Mueller : constans quam n. 

3 M'. Rabuleio A' Sigonius (cf. chap. xxxv. 11 ; Dion. Hal. 
X. Iviii. 4) : f5. rabulleio (-bule- D) fl. 

4 Poetelio Sigonius (cf. chap. xxxv. 11): poetilio fl : 
poetioli B : petilio F 3 (petelio J 1 ?). 

6 M. Sergio g- (cf. chap. xxxv. 11) : 1. sergio fl : Sergio U. 
3 Eretum 5- : fretum n. 

138 



BOOK III. XLI. 7-xLii. 3 

The senators permitted in silence the proclamation B.C. 449 
of a levy. The young men answered to their names, 
since the authority of the decemvirs was without 
appeal. When the legions were enrolled, the de- 
cemvirs settled among themselves who ought to gc 
to the front and who command the armies. Chief 
among the ten were Quintus Fabius and Appius 
Claudius. The war at home seemed more important 
than that abroad. The violence of Appius was, they 
thought, more adapted to quell disturbances in the 
City ; while Fabius was of a character deficient in 
steady rectitude rather than actively bad. For this 
man, once pre-eminent in civil and in military affairs, 
had been so altered by the decemvirate and by his 
colleagues that he chose rather to be like Appius 
than like himself. To him was intrusted the war 
in the Sabine country, and Manius Rabuleius and 
Quintus Poetelius were given him as colleagues. 
Marcus Cornelius was sent to Mount Algidus, with 
Lucius Minucius, Titus Antonius, Caeso Duillius, and 
Marcus Sergius. Spurius Oppius they assigned to 
Appius Claudius, to help him in looking out for the 
City ; and they gave them the same powers as had 
been exercised by the entire board. 

XLII. The business of the nation was managed 
no better in the field than at home. The only fault 
of the generals was that they had made the citizens 
detest them ; the rest of the blame belonged to the 
soldiers, who, that nothing might anywhere prosper 
under the command and auspices of the decemvirs, 
permitted themselves to be beaten, to their own dis- 
grace and that of their commanders. Their armies 
were routed, both by the Sabines near Eretum, 
and on Algidus by the Aequi. From Eretum they 

139 



LIVY 

exercitus erant. Ab Ereto l per silentium noctis pro- 
fugi propius urbem, inter Fidenas Crustumeriamque, 

4 loco edito castra communierant ; persecutis hostibus 
nusquam se aequo certamine committentes^natura loci 

5 ac vallo, non virtuteautarmistutabantur. Maiusflagi- 
tium in Algido^maior etiam clades accepta; castra quo- 
que amissa erant, exutusque omnibus utensilibus miles 
Tusculum se, fide misericordiaque victurus hospitum, 

6 quae tamen non fefellerunt, contulerat. 2 Romam 
tanti erant terrores allati ut posito iam decemvirali 
odio patres vigilias in urbe habendas censerent, omnes 
qui per eietatem arma ferre possent custodire moenia 

7 ac pro portis stationes agere iuberent, arma Tusculum 
ac 3 supplementum decernerent decemvirosque ab 
arce Tusculi degressos in castris militem habere ; 
castra alia a Fidenis in Sabinum agrum transferri, 
belloque ultro inferendo deterreri hostes a consilio 
urbis oppugnandae. 

XLII I. Ad clades ab hostibus acceptas duo nefanda 

2 facinora decemviri belli domique adiciunt. L. Siccium 
in Sabinis, per invidiam decemviralem tribunorum 
creandorum secessionisque mentiones ad volgus mili- 
tum sermonibus occultis serentem, prospeculatum ad 

3 locum castris capiendum mittunt. Datur negotium 
militibus quos miserant expeditionis eius comites ut 



1 Ereto JLfg- : efreto (or freto) n. 

2 contulerat U^ : contulerant (wanting in 

3 ac VM-. adn. 



1 Surnamed Dentatus, and known, according to Aulus 
Gellius (n. xi.) as the Roman Achilles. Dion. Hal. (xi. 
xxv. f.) tells the story at greater length and somewhat 
differently. 

140 



BOOK III. XLII. 3-xLin. 3 

fled in the silence of the night, and intrenched B.C. 449 
themselves near the City, between Fidenae and 
Crustumeria, on elevated ground. When the enemy 
followed them up, they nowhere ventured to fight 
in the open field, but defended themselves by the 
position and their rampart, not by bravery and 
arms. The disgrace on Algidus was worse, and 
a worse disaster was sustained ; even the camp was 
lost, and stripped of all their baggage, the soldiers 
fled to Tusculum, to subsist by the loyalty and 
compassion of their hosts, which nevertheless did 
not fail them. To Rome came such alarming reports 
that the patricians, laying aside now their hatred of 
the decemvirs, voted to establish watches in the 
City, and commanded all who were of an age to 
bear arms to guard the walls and do outpost duty 
before the gates. They decreed that arms should 
be dispatched to Tusculum, and reinforcements, and 
that the decemvirs should descend from the Tusculan 
citadel and hold their troops in camp; that the other 
camp should be transferred from Fidenae to Sabine 
territory, so that by taking the offensive they might 
frighten the enemy into abandoning his design to 
besiege the City. 

XLIII. To the disaster suffered at the hands of 
the enemy the decemvirs added two shameful crimes, 
one committed in the field, the other at home. Lucius 
Siccius 1 was serving in the Sabine campaign. Taking 
advantage of the hatred entertained for the decemvirs, 
he would scatter hints, in secret conversations with 
the common soldiers, that they should elect tribunes 
and secede. So the generals sent him to look out a 
place for an encampment ; and instructed the men 
whom they assigned to share his expedition to set 

141 



LIVY 

4 eum PP 01 "tuno adorti loco interficerent Hand in- 
ultum interfecere ; nam circa repugnantem aliquot 
insidiatores cecidere, cum ipse se praevalidus pari 

5 viribus animo circumventus tutaretur. Nuntiant in 
castra ceteri praecipitatum in insidias esse ; Siccium 
egregie pugnantem militesque quosdam cum eo 

6 amissos. Primo fides nuntiantibus fuit ; profecta 
deinde cohors ad sepeliendos qui ceciderant decemvi- 
rorum permisso,postquam nullum spoliatum ibi corpus 
Sicciumque in medio iacentem armatum l omnibus in 
eum versis corporibus videre, hostium neque corpus 
ulluin nee vestigia abeuntium, profecto ab suis inter- 

7 fectum memorantes rettulere corpus. Invidiaeque 
plena castra erant, et Romam ferri protinus Siccium 
placebat, ni decemviri funus militare ei publica in- 
pensa facere maturassent. Sepultus ingenti militum 
maestitia, pessima decemvirorum in volgus fama est. 

XLIV. Sequitur aliud in urbe nefas ab libidine 
ortum, baud minus foedo eventu quam quod per 
stuprum caedemque Lucretiae urbe regnoque Tar- 
quinios expulerat, ut non finis solum idem decemviris 
qui regibus sed causa etiam eadem imperil amittendi 
2 esset. Ap. Claudium virginis plebeiae stuprandae 
libido cepit. Pater virginis, L. Verginius, bonestum 

1 armatum V \ annatumque il. 
142 



BOOK III. XLIII. 3-xLiv. 2 

upon him when they had got to a suitable spot, B.C. 44s 
and kill him. He died not unavenged. For he 
laid about him, and several of the assassins fell, 
for he was very strong, and though surrounded, 
defended himself with a courage equal to his 
strength. The others reported at the camp that 
they had fallen into an ambuscade, and that 
Siccius had perished, fighting, valiantly, and with 
him certain soldiers. At first their report was 
believed ; afterwards a cohort set out, by permission 
of the decemvirs, to bury the slain ; and finding that 
none of the bodies there had been despoiled, and that 
Siccius lay armed in the midst, with all the bodies 
facing him, while the enemy had left no dead nor 
any indication of having withdrawn, they brought 
back the corpse, and declared that Siccius had 
certainly been murdered by his own men. The 
camp was ablaze with indignation, and it w r as re- 
solved that Siccius should be carried to Rome forth- 
with ; but the decemvirs made haste to give him a 
military funeral at the public cost. The soldiers 
sorrowed greatly at his burial, and the worst reports 
were current about the decemvirs. 

XLIV. This outrage was followed by another, 
committed in Rome, which was inspired by lust and 
was no less shocking in its consequences than that 
which had led, through the rape and the death of 
Lucretia, to the expulsion of the Tarquinii from 
the City and from their throne ; thus not only did 
the same end befall the decemvirs as had befallen 
the kings, but the same cause deprived them of 
their power. Appius Claudius was seized with the 
desire to debauch a certain maiden belonging to 
the plebs. The girl's father, Lucius Verginius, a 

'43 



LIVY 

ordinem in Algido ducebat, vir exempli recti domi 
militiaeque. Perinde uxor instituta fuerat liberique 

3 instituebantur. Desponderat filiam L. Icilio tribu- 
nicio, viro acri et pro causa plebis expertae virtutis. 

4 Hanc virginem adultam forma excellentem Appius 
amore amens pretio ac spe perlicere adortus, 
postquam omnia pudore saepta animadvertit, 1 ad 

6 crudelem superbamque vim animum convertit. M. 
Claudio clienti negotium dedit ut virginem in servi- 
tutem adsereret neque cederet secundum libertatem 
postulantibus vindicias, quod pater puellae abesset 

6 locum iniuriae esse rat us. Virgini venienti in forum 
ibi namque in tabernaculis litterarum ludi erant 
minister decemviri libidinis manum iniecit, serva sua 2 
natam servamque appellans, sequique se iubebat : 3 

7 cunctantem vi abstracturum. Pavida puella stupente 
ad clamorem nutricis fidem Quiritium implorantis fit 
concursus. Vergini patris sponsique Icili populare 
nomen celebrabatur. 4 Notos gratia eorum, turbam 

8 indienitas rei virgini conciliat. lam a vi tuta erat, 

O O * 

cum adsertor nihil opus esse multitudine concitata 
ait ; se iure grassari, non vi. Vocat puellam in ius. 

1 animadvertit V \ animaduerterat n. 

2 serva sua VD* : seruam suam n. 

3 sequique se iubebat Gronov. : esse sequique se iubebat 
ft : sequi iubebat F$- : esse sequique seuiebat DL. 

4 celebrabatur H : celebratur ORDL : celebratum V, 

144 



BOOK III. XLIV. 2-8 

centurion of rank, was serving on Algidus, a man B.C. 449 
of exemplary life at home and in the army. His 
wife had been brought up in the same principles, 
and his children were being trained in them. He 
had betrothed his daughter to the former tribune 
Lucius Icilius, an active man of proven courage in 
the cause of the plebeians. She was a grown girl, 
remarkably beautiful, and Appius, crazed with love, 
attempted to seduce her with money and promises. 
But finding that her modesty was proof against 
everything, he resolved on a course of cruel and 
tyrannical violence. He commissioned Marcus 
Claudius, his client, to claim the girl as his slave, 
and not to yield to those who demanded her 

mf 

liberation, thinking that the absence of the maiden's 
father afforded an opportunity for the wrong. As 
Verginia was entering the Forum for there, in 
booths, were the elementary schools the minister 
of the decemvir's lust laid his hand upon her, and 
calling her the daughter of his bond-woman and 
herself a slave, commanded her to follow him, and 
threatened to drag her off by force if she hung 
back. Terror made the maiden speechless, but the 
cries of her nurse imploring help of the Quirites 
quickly brought a crowd about them. The names 
of Verginius her father and of her betrothed Icilius 
were known and popular. Their acquaintance were 
led to support the girl out of regard for them ; the 
crowd was influenced by the shamelessness of the 
attempt. She was already safe from violence, when 
the claimant protested that there was no occasion 
for the people to become excited ; he was proceeding 
lawfully, not by force. He then summoned the girl 
to court. She was advised by her supporters to 

MS 



LIVY 

A..U.O. Auctoribus qui aderant ut tSequeretur, Ad tribunal 
Appi perventum est. Notam iudici fabulam petitor, 
quippe apud ipsum auctorem argumenti, peragit : 
puellam domi suae natam furtoque inde in domum 

10 Vergini translatam suppositam ei esse ; id se indicio 
compertum adferre probaturumque vel ipso Verginio 
iudice, ad quern maior pars iniuriae eius pertineat ; 

1 1 interim dominum sequi ancillam aequum esse. Advo- 
cati puellae, cum Verginium rei publicae causa 
dixissent abesse, biduo adfuturum si nuntiatum ei 

12 sit, iniquum esse absentem de liberis dimicare, 
postulant ut rem integram in patris adventum 
differat, lege ab ipso lata vindicias det secundum 
libertatem, neu patiatur virginem adultam famae 
prius quam libertatis periculum adire. 

XLV. Appius decreto praefatur,, 1 quam libertati 

faverit earn ipsam legem declarare quam Vergini 

2 amici postulationi suae praetendant ; ceterum ita 

in ea firmum libertati fore praesidium si nee causis 

nee personis variet ; in aliis 2 enim qui adserantur in 

1 praefatur F : praefatus n. 

2 in aliis Karsten : in iis R : in his ft. 

1 Dion. Hal. (XL. iv.) mentions Icilius and Numitorius 
as ottering to be Verginia's vindiccs, i. e. to put in a claim 
to interim custody of the girl, till the suit determining her 
status should be decided. 

146 



BOOK III. XLIV. 9-XLV. 2 

follow him, and they went before the tribunal of B.O 449 
Appius. The plaintiff acted out a comedy familiar 
to the judge, since it was he and no other who had 
invented the plot : The girl had been born, said 
Marcus, in his house, and had thence been stealthily 
conveyed to the home of Verginius and palmed off 
upon him as his own ; he had good evidence for 
what he said, and would prove it even though 
Verginius himself were judge, who was more 
wronged than he was ; meanwhile it was right that 
the hand-maid should follow her master. The friends 
of the girl said that Verginius was absent on the 
service of the state ; he would be at hand in two 
days' time if he were given notice of the matter ; it 
was unjust that a man should be involved in litigation 
about his children when away from home ; they 
therefore requested Appius to leave the case open 
until the father arrived, and in accordance with the 
law he had himself proposed, grant the custody of 
the girl to the defendants, 1 nor suffer a grown 
maiden's honour to be jeopardized before her 
freedom should be adjudicated. 

XLV. Appius prefaced his decision by saying that 
it was evident how much he favoured liberty from 
that very law which the friends of Verginius made 
the pretext for their claim ; but the law would afford 
liberty a sure protection only if it varied neither 
with causes nor with persons; for in the case ot 
others who were claimed as free, the demand was 
legal, since any one might bring an action : in the case 
of one who was under the authority of a father there 
was no one else to whom the master ought to yield 
the custody ; accordingly he decreed that the father 
should be summoned, and that meanwhile the 



LIVY 

libertatem quia quivis lege agere possit, id iuris 
esse : in ea quae in patris manu sit neminem esse 

3 alium cui dominus possessione cedat. Placere itaque 
patrem arcessiri, interea iuris sui iacturam adser- 
torem noil facere quin ducat puellam sistendamque 
in adventum eius qui pater dicatur promittat. 

4 Ad versus iniuriamdecreti cum multimagisfremerent 
quam quisquam unus recusare auderet, P. Numitorius,' 

6 puellae avus, 1 et sponsus Icilius interveniunt ; da- 
taque inter turbam via, cum multitude Icili maxima 
interventu resisti posse Appio crederet, lictor 
decresse ait vociferantemque Icilium submovet. 

6 Placidum quoque ingenium tarn atrox iniuria ac- 
cendisset. " Ferro hinc tibi submovendus sum, Appi " 
inquit, " ut taciturn feras quod celari vis. Virginem 
ego hanc sum ducturus nuptamque pudicam habi- 

7 turus. Proinde omnes collegarum quoque lictores 
convoca ; expediri virgas et secures iube ; non 

8 manebit extra domum patris sponsa Icili. Non, si 
tribunicium auxilium et provocationem plebi Ro~ 
manae, duas arces libertatis tuendae, ademistis, 
ideo in liberos quoque nostros coniugesque regnum 

9 vestrae libidini datum est. Saevite in tergum et in 
cervices nostras : pudicitia saltern in tuto sit. Huic 
si vis adferetur, ego praesentium Quiritium pro 
sponsa, Verginius militum pro unica filia, omnes 

1 avus fl : auunculus 5- (cf. Dion. Hal. xi. xxviii. 7). 



1 Appius argued that Verginia was either the slave of his 
client or under her father's control, and in neither case free, 
so that an action for recovering her freedom did not lie, and 
it was merely a question of title between Verginius and Marcus 
Claudius. 

148 



BOOK III. XLV. 2-9 

claimant should not relinquish his right, but should B -- 44B 
take the girl in charge and guarantee that she 
should be produced at the coming of him who was 
called her father. 1 

Against the injustice of the decree, though many 
murmured their disapproval, there was not a single 
man who dared to stand out; when Publius Numitorius, 
the girl's great-uncle, 2 and her lover Icilius, arrived 
on the scene. When a path had been opened for 
them through the throng, since the crowd believed 
that the intervention of Icilius would be particularly 
effectual in resisting Appius, the lictor cried that 
the case had been decided, and as Icilius began to 
protest, attempted to thrust him aside. Even a 
placid nature would have been incensed by so violent 
an insult. " You must use iron to rid yourself of 
me, Appius," he cried, "that you may carry through 
in silence what you desire should be concealed. 

/ 

This maiden I am going to wed ; and I intend that 
my bride shall be chaste. So call together all your 
colleagues' lictors too ; bid them make ready rods 
and axes : the promised wife of Icilius shall not pass 
the night outside her father's house. No ! If you 
have taken from the Roman plebs the assistance of 
the tribunes and the right of appeal, two citadels 
for the defence of liberty, it has not therefore been 
granted to your lust to lord it over our children and 
our wives as well ! Vent your rage upon our backs 
and our necks : let our chastity at least be safe. If 
that shall be assailed, I will call on the Quirites 
here present to protect my bride, Verginius will 

2 Some take avus literally, as "grandfather." See chap, 
liv. 11, note. 

VOL. II. F 



LIVY 

.U.O. deorum hominumque implorabimus fidem, neque tu 
istud unquam decretum sine caede nostra referes. 

10 Postulo, Appi, etiam atque etiam consideres quo 

11 progrediare. Verginius viderit de filia ubi venerit 
quid agat ; hoc tantum sciat, sibi si huius vindiciis 
cesserit condicionem filiae quaerendam esse. Me 
vindicantem sponsam in libertatem vita citius 
deseret quam fides." 

XLVI. Concitata multitudo erat certamenque 
instare videbatur. Lictores Icilium circumsteterant ; 
nee ultra minas tamen processum est, cum Appius 

2 non Verginiam defendi ab Icilio., sed inquietum 
hominem et tribunatum etiam nunc spirantem 

3 locum seditionis quaerere diceret. Non praebi- 
turum se illi eo die materiam ; sed ut iam sciret 
non id petulantiae suae sed Verginio absenti et 
patrio nomini et libertati datum, ius eo die se non 
dicturum neque decretum interpositurum : a M. 
Claudio petiturum, ut decederet iure suo vindi- 

4 carique puellam in posterum diem pateretur ; quod 
nisi pater postero die adfuisset, denuntiare se Icilio 
similibusque Icili, neque legi suae latorem neque 
decemviro constantiam defore. Nee se utique col- 
legarum lictores convocaturum ad coercendos se- 
ditionis auctores : contentum se suis lictoribus fore. 

5 Cum dilatum tempus iniuriae esset secessissentque 



BOOK III. XLV. 9-xLvi. 5 

invoke the help of the soldiers in behalf of his only B -- 449 
daughter, and all of us will implore the protection 
of gods and men ; nor shall you ever repeat that 
decree of yours without shedding our blood. I 
ask you, Appius, to consider earnestly whither you 
are going. Let Verginius decide what to do about 
his daughter, when he comes ; but of one thing he 
may rest assured : if he yields to this man's claim, 
he will have to seek a husband for her. As for 
me, in defence of the freedom of my bride I will 
sooner die than prove disloyal." 

XL VI. The crowd was deeply moved and a con- 
flict appeared to be imminent. The lictors had 
surrounded Icilius, but had nevertheless gone no 
further than to threaten him, since Appius declared 
that it was not a question of Virginia's defence by 
Icilius, but of a turbulent fellow, who even now 
breathed the spirit of the tribunate, seeking an 
opportunity to stir up strife. He would furnish him 
no excuse for it that day ; but that he might know 
now that the concession had not been made to his 
own wantonness but to the absent Verginius, to the 
name of father, and to liberty, he would not pro- 
nounce judgment that day nor deliver a decision ; 
he would request Marcus Claudius to waive his right 
and suffer the girl to remain at large until the morrow ; 
but unless the father should appear the next day, he 
gave notice to Icilius and to those like Icilius that 
the proposer of his law would not fail to support 
it, nor the decemvir be wanting in firmness ; and in 
any case he should not call together his colleagues' 
lictors to repress the instigators of sedition, but 
rest content with his own. 

The time for accomplishing the wrong having 



A.U.C. 

S05 



LIVY 

advocati puellae, placuit omnium primum fratrem 
Icili filiumque Numitori, impigros iuvenes, pergere 
inde recta ad portam, et quantum adcelerari posset 

6 Verginium acciri e castris : in eo verti puellae 
salutem, si postero die vindex iniuriae ad tempus 
praesto esset. lussi pergunt citatisque equis nun- 

7 tium ad patrem perferunt. Cum instaret adsertor 
puellae ut vindicaret sponsoresque daret, atque id 
ipsum agi diceret Icilius, sedulo tempus terens dum 
praeciperent iter nuntii l missi in castra, manus 
tollere undique multitudo et se quisque paratum 

8 ad spondendum Icilio ostendere. Atque ille lacrima- 
bundus " Gratum est " inquit ; '" crastina die vestra 
opera utar ; sponsorum mine satis est." Ita vindi- 

9 catur Verginia spondentibus propinquis. Appius 
paulisper moratus ne eius rei causa sedisse videretur, 
postquarn omissis rebus aliis prae cura unius nemo 
adibat, domum se recepit collegisque in castra scribit, 
ne Verginio commeatum dent atque etiam in cu- 

10 stodia habeant. Improbum consilium serum, ut 
debuit, fuit, et iam commeatu sumpto profectus 
Verginius prima vigilia erat, cum postero die mane 
de retinendo eo nequiquam litterae redduntur. 

XLVII. At in urbe prima luce cum civitas in foro 

1 iter nuntii VormlD*?: in tern until XI. 



BOOK III. XLVI. 5-XLvn. i 

been postponed, the girl's supporters went apart by B.C. 449 
themselves, and decided that first of all the brother 
of Icilius and the son of Numitorius, active young 
men, should proceed straight to the City gate and 
make all possible haste to the camp, to summon 
Verginius ; for the maiden's safety turned on her 
protector's being at hand in time. They set out the 
moment they got their orders, and galloping their 
horses, carried the message through to the father. 
When the claimant of the girl pressed Icilius to 
furnish the sureties required of her guarantor, and 
Icilius said that it was precisely that which he was 
considering (though he was doing his best to con- 
sume time, that the messengers who had been 
dispatched to the camp might get a start on the 
way), the people began on every side to raise their 
hands, and every man of them to indicate his readi- 
ness to go bail for Icilius. And Icilius said, with 
tears in his eyes, " I am grateful to you ; to-morrow 
I will use your services ; of sureties I now have 
enough." So Verginia was surrendered, on the 
security of her kinsmen. Appius waited a little 
while, that he might not appear to have sat for 
this case only, and when nobody applied to him 
for all other matters were forgotten in men's concern 
over this, he went to his house and wrote to his 
colleagues in camp that they should grant no fur- 
lough to Verginius, and should even detain him 
in custody. His base design was too late, as it 
deserved to be ; Verginius had already got his leave, 
and had set out in the fore-part of the night, nor 
was it until early the next morning that the letters 
for detaining him were delivered, to no purpose. 
XLVII. But in the City, as the citizens at break 

153 



LIVY 



A.U.C. 



305 exspectatione erecta stare t, Verginius sordidatus 

filiam secum obsoleta veste comitantibus aliquot 
matronis cum ingenti advocatione in forum deducit. 

2 Circumire ibi et prensare homines coepit et non 
orare solum precariam opem, sed pro debita petere : 
Se pro liberis eorum ac coniugibus cottidie in acie 
stare, nee alium virum esse cuius strenue ac fortiter l 
facta in bello plura memorari possent ; quid prodesse 
si, incolumi urbe, quae capta ultima timeantur liberis 

3 suis sint patienda ? Haec prope contionabundus 
circumibat homines. Similia his ab Icilio iacta- 

4 bantur. Comitatus muliebris plus tacito fletu quam 
ulla vox movebat. Adversus quae omnia obstinate 
animo Appius tanta vis amentiae verius quam 
amoris mentem turbaverat in tribunal escendit, 2 
et ultro querente pauca petitore quod ius sibi 3 pridie 
per ambitionem dictum non esset, priusquam aut 
ille postulatum perageret aut Verginio respondendi 

5 daretur locus, Appius interfatur. Quern decreto 
sermonem praetenderit, forsan aliquem verum 
auctores antiqui tradiderint : quia nusquam ullum 
in tanta foeditate clecreti veri similem invenio, id 
quod constat nudum videtur proponendum, decresse 



1 fortiter Doujat : ferociter fl. 

2 escendit MP : ascendit ft. 

3 ius sibi D*r: sibi fl. 



154 



BOOK III. XLVII. 1-5 

of day were standing in the Forum, agog with B.C. 449 
expectation, Verginius, dressed in sordid clothes 
and leading his daughter, who was also meanly 
clad and was attended by a number of matrons, 
came down into the market-place with a vast throng 
of supporters. He then began to go about and 
canvass people, and not merely to ask their aid as a 
favour, but to claim it as his due, saying that he 
stood daily in the battle-line in defence of their 
children and their wives ; that there was no man 
of whom more strenuous and courageous deeds in 
war could be related to what end, if despite the 
safety of the City those outrages which were dreaded 
as the worst that could follow a city's capture must 
be suffered by their children ? Pleading thus, as 
if in a kind of public appeal, he went about 
amongst the people. Similar appeals were thrown 
out by Icilius ; but the women who attended them 
were more moving, as they wept in silence, than 
any words. In the face of all these things Appius 
hardened his heart so violent was the madness, as 
it may more truly be called than love, that had 
overthrown his reason and mounted the tribunal. 
The plaintiff was actually uttering a few words 
of complaint, on the score of having been balked 
of his rights the day before through partiality, 
when, before he could finish his demand, or Verginius 
be given an opportunity to answer, Appius inter- 
rupted him. The discourse with which he led up 
to his decree may perhaps be truthfully represented 
in some one of the old accounts, but since I can 
nowhere discover one that is plausible, in view of 
the enormity of the decision, it seems my duty to 
set forth the naked fact, upon which all agree, that 

155 



LIVY 

*S05 ^ vindicias secundum servitutem. Primo stupor omnes 
admiratione rei tamatrocis defixit ; silentium indeali- 
quamdiu tenuit. Dein cum M. Claudius circumstantibus 
matronis iret ad prehendendam virginem, lamenta- 
bilisque eum mulierum comploratio excepisset, Ver- 

7 ginius intentans in Appium manus, "Icilio" inquit, 
" Appi, non tibi filiani despondi et ad nuptias, non 
ad stuprum educavi. Placet pecudum ferarumque ritu 
promisee in concubitus ruere ? Passurine haec isti sint, 
nescio: non spero esse passuros illos,qui arma habent." 

8 Cum repelleretur adsertor virginis a globo 
mulierum circumstantiumque advocatorum, silent- 
ium factum per praeconem. XLVIII. Decemvir 
alienatus ad libidinem animo negat ex hes- 
terno 1 tantum convicio Icili violentiaque Verging 
cuius testem populum Romanum habeat, sed certis 
quoque indiciis compertum se habere nocte tota 
coetus in urbe factos esse ad movendam seditionem. 

2 Itaque se baud insciumeius dimicationis cum armatis 
descendisse, non ut quemquam quietum violaret, sed 
ut turbantes civitatis otium pro maiestate imperil 

3 coerceret. " Proinde quiesse erit melius. I," inquit, 2 
"lictor^ submove turbam et da viam domino ad 

1 ex hesterno Form.? ex haesterno M : ex sterno P : 
esterno U : hesterno F*OD* : externo BHRDL. 

2 i, inquit R*D\ : ii inquit RDL : inquit (inquid ) fl. 

156 



BOOK III. XLVII. 5-XLvin. 3 

he adjudged Verginia to him who claimed her as his B.C. 449 
slave. At first everybody was rooted to the spot in 
amazement at so outrageous a proceeding, and for 
a little while after the silence was unbroken. Then, 
when Marcus Claudius was making his way through 
the group of matrons to lay hold upon the girl, and 
had been greeted by the women with wails and 
lamentations, Verginius shook his fist at Appius and 
cried, " It was to Icilius, Appius, not to you that 
I betrothed my daughter ; and it was for wedlock, 
not dishonour, that I brought her up. Would you 
have men imitate the beasts of the field and the 
forest in promiscuous gratification of their lust ? 
Whether these people propose to tolerate such con- 
duct I do not know : I cannot believe that those 
who have arms will endure it." 

The claimant of the maiden was being forced 
back by the ring of women and supporters who 
surrounded her, when silence was commanded by a 
herald; (XLVIII.) and the decemvir, crazed with 
lust, declared that he knew, not only from the 
abusive words uttered by Icilius the day before and 
the violence of Verginius, which he could prove by 
the testimony of the Roman People, but also from 
definite information, that all through the night 
meetings had been held in the City to promote 
sedition. Accordingly, having been aware of the 
approaching struggle, he had come down into the 
Forum with armed men, not that he might do 
violence to any peaceable citizen, but to coerce, 
conformably to the dignity of his office, those who 
would disturb the nation's peace. " You will 
therefore," he cried, "best be quiet! Go, lictor, 
remove the mob and open a way for the master 

'57 



LIVY 

A S05 prehendendum mancipium." Cum liaec intonuisset 
plenus irae, multitude ipsa se sua sponte dimovit 

4 desertaque praeda iniuriae puella stabat. Turn 
Verginius ubi nihil usquam auxilii vidit, " Quaeso " 
inquit, "Appi, primum ignosce patrio dolori, si quo 1 
inclementius in te sum invectus ; deiiide sinas hie 
coram virgine nutricem percontari quid hoc rei sit, 
ut si falso pater dictus sum aequiore hinc animo 

5 discedam." Data venia seducit filiam ac nutricem 
prope Cloacinae ad tabernas quibus mine novis est 
nomen atque ibi ab lanio cultro arrepto, " Hoc te uno 
quo possum " ait " modo, filia, in libertatem vindico." 
Pectus deinde puellae transfigit respectansque ad 
tribunal "Te" inquit, "Appi, tuumque caput sanguine 

6 hoc consecro." Clamore ad tarn atrox facinus orto 
excitus Appius comprehend! Verginium iubet. Ille 
ferro quacumque ibat viam facere, donee multitudine 
etiam prosequeiitium tuente ad portam perrexit. 

7 Icilius Numitoriusque exsangue corpus sublatum 
ostentant populo ; scelus Appi, puellae infelicem 

8 formam, necessitatem patris deplorant. Sequentes 
clamitant matronae : eamne liberorum procreandorum 
condicionem, ea pudicitiae praemia esse ? cetera 
quae in tali re muliebris dolor, quo est maestior 
imbecillo animo, eo miserabilia magis querentibus 

1 si quo Weissenborn (cf. iv. i. 5): si quod (qct H) n : si 
quot RDL : si quid 5- : si AlschefsM. 

I 5 8 



BOOK III. XLVIII. 3-8 

to seize his slave ! " When he had wrathfully B.O. 
thundered out these words, the crowd parted 
spontaneously and left the girl standing there, a 
prey to villainy. Then Verginius, seeing no help 
anywhere, said, " I ask you, Appius, first to pardon 
a father's grief if I have somewhat harshly inveighed 
against you ; and then to suffer me to question the 
nurse here, in the maiden's presence, what all this 
means, that if I have been falsely called a father, 
I may go away with a less troubled spirit." Per- 
mission being granted, he led his daughter and 
the nurse apart, to the booths near the shrine of 
Cloacina, now known as the "New Booths," and 
there, snatching a knife from a butcher, he exclaimed, 
" Thus, my daughter, in the only way I can, do I assert 
your freedom ! " He then stabbed her to the heart, 
and, looking back to the tribunal, cried, " 'Tis you, 
Appius, and your life I devote to destruction with 
this blood ! ' The shout which broke forth at the 
dreadful deed roused Appius, and he ordered 
Verginius to be seized. But Verginius made a 
passage for himself with his knife wherever he 
came, and was also protected by a crowd of men 
who attached themselves to him, and so reached 
the City gate. Icilius and Numitorius lifted up 
the lifeless body and showed it to the people, bewail- 
ing the crime of Appius, the girl's unhappy beauty, 
and the necessity that had constrained her father. 
After them came the matrons crying aloud, " Was 
it on these terms that children were brought into 
the world ? Were these the rewards of chastity ? " 
with such other complaints as are prompted at 
a time like this by a woman's anguish, and are so 
much the more pitiful as their lack of self-control 

159 



LIVY 

9 subicit. Virorum etmaxime Icili vox tota tribuniciae 
potestatis ac provocationis ad populuin ereptae 
publicarumque indignationum erat. 

XLIX. Concitatur multitude partim atrocitate 
sceleris, partim spe per occasionem repetendae 

2 libertatis. Appius mine vocari Icilium, nunc re- 
tractantem arripi, postremo, cum locus adeundi 
apparitoribus non daretur, ipse cum agmine patrici- 
orum iuvenum per turbam vadens in vincula duci 

3 iubet. lam circa Icilium non solum multitude sed 
duces quoque multitudinis erant, L. Valerius et M. 
Horatius, qui repulso lictore, si iure ageret, vindicare 
se a private Icilium aiebant ; si vim adferre con- 

4 aretur, ibi quoque baud l impares fore. Hinc atrox 
rixa oritur. Valerium Horatiumque lictor decemviri 
invadit : franguntur a multitudine fasces. In 
contionem Appius escendit : 2 sequuntur Horatius 
Valeriusque. Eos contio audit : decemviro ob- 

5 strepitur. lam pro imperio Valerius discedere a 
private lictores iubebat, cum fractis animis Appius 
vitae metueris in domum se propiiiquam foro insciis 

6 adversariis capite obvoluto recipit. Sp. Oppius, ut 
auxilio collegae esset, in forum ex altera parte 

1 baud VIM? : se haud n. 

2 escendit PM Z : aescendit M : asceridit fl. 



1 Livy doubtless means the crime of Appius rather than 
the justifiable though shocking deed of Verginius (see chap, 
xlviii. 7, and chap. 1. 5). 

1 60 



BOOK III. XLVIII. S-XLIX. 6 

makes them the more give way to grief. The men, B.C. 449 
and especially Icilius,, spoke only of the tribunician 
power ; of the right of appeal to the people which 
had been taken from them ; and of their resentment 
at the nation's wrongs. 

XLIX. The wildest excitement prevailed amongst 
the people, occasioned in part by the atrocity of the 
crime, 1 in part by the hope of improving the oppor- 
tunity to regain their liberty. Appius first com- 
manded that Icilius be summoned ; then, on his 
resisting, that he be arrested ; and at last, when the 
crowd would not allow his attendants to approach 
the man, he headed a band of patrician youths in 
person, and advancing through the mob, bade them 
drag his enemy off to prison. By this time Icilius 
was supported not only by the populace but by the 
leaders of the populace as well, Lucius Valerius and 
Marcus Horatius, who, forcing the lictor back, de- 
clared that if Appius proceeded legally, they would 
protect Icilius from the prosecution of a mere citizen; 
if he sought to make use of violence, there too they 
would be a match for him. This led to a desperate 
struggle. The decemvir's lictor now made a rush at 
Valerius and Horatius ; his rods were broken by the 
mob. Appius mounted the platform; Horatius and 
Valerius followed him. To them the crowd listened ; 
the decemvir's voice they drowned with noise. And 
now, as though vested with authority, Valerius was 
commanding the lictors to withdraw from one who 
was a private citizen ; when Appius, broken in spirit 
and fearing for his life, covered up his head and 
sought refuge in a house near the Forum, unobserved 
by his opponents. Spurius Oppius, wishing to assist 
his colleague, burst into the Forum from the other 

161 



LIVY 

inrumpit. Videt imperium vi victum. Agitatus 
deinde consiliis ad quae 1 ex omni parte adsentiendo 
multis auctoribus trepidaverat, senatum postremo 

7 vocari iussit. Ea res, quod magnae parti patrum 
displicere acta decemvirorum videbantur, spe per 
senatum finiendae potestatis eius multitudinem se- 

8 davit. Senatus nee plebem inritandam censuit et 
multo magis providendum ne quid Verginii adventus 
in exercitu motus faceret. 

L. Itaque missi iuniores patrum in castra, quae 
turn in monte Vecilio erant, nuntiant decemviris 

2 ut omni ope ab seditione milites contineant. Ibi 
Verginius maiorem quam reliquerat in urbe motum 

3 excivit. Nam praeterquam quod agmine prope 
quadringentorum hominum veniens, qui ab urbe 
indignitate rei accensi comites ei se dederant, con- 
spectus est, strictum etiam telum respersusque ipse 
cruore tota in se castra convertit. Et togae multi- 
fariam in castris visae maioris aliquanto quam erat 

4 speciem urbanae multitudinis fecerant. Quaeren- 
tibus quid rei esset flens diu vocem non misit; 
tandem, ut iam ex trepidatione concurreiitium turba 
constitit ac silentium fuit, ordine cuncta, ut gesta 

6 erant, exposuit. Supinas deinde tendens manus 

1 ad quae Stroth : atque il. 
162 



BOOK III. XLIX. 6-L. 5 

quarter. He saw that authority had been overcome B.C. 
by force. Distracted then by the suggestions which 
came from every side, and timidly agreeing first 
with one and then with another of his many 
advisers, he ended by ordering the senate to be 
summoned. This course, inasmuch as a great pro- 
portion of the patricians appeared to disapprove of 
the decemvirs' acts, afforded hopes that the senators 
would end their power, and so quieted the multitude. 
The senate decided that the plebs must not be 
provoked, and that it was even more necessary to 
see to it that the arrival of Verginius in the army 
should not occasion any turbulence. 

L. Accordingly certain of the younger senators 
were dispatched to the camp, which was then on 
Mount Vecilius, and carried word to the decemvirs 
that they must employ all their resources to keep 
the troops from mutiny. There Verginius aroused a 
greater commotion than he had left in Rome. For 

o 

besides that he was seen approaching attended by a 
body of nearly four hundred men, who had joined 
him when he left the City, in their anger and resent- 
ment at the affair, the weapon in his hand and the 
gore with which he was spattered drew the attention 
of the entire camp upon him. Then too the 
appearance of togas in the camp, in many places, 
produced the effect of a greater company of 
civilians than were actually there. Being asked 
what the matter was, Verginius wept, and for a long 
time answered never a word ; at length, when the 
bustle and confusion of the gathering had subsided 
and silence had ensued, he gave an orderly account 
of all that had taken place. Then, lifting up his 
hands in an attitude of prayer, and addressing the 

163 



LIVY 

A.TT.O. commilitones appellans orabat ne quod scelus Ap. 

305 

Claudi esset sibi attribuerent neu se ut parricidam 

6 liberum aversarentur. Sibi vitam filiae sua 1 cariorem 
fuisse, si liberae ac pudicae 2 vivere licitum fuisset : 
cum velut servam ad stuprum rapi videret, morte 
amitti melius ratum quam contumelia liberos, miseri- 

7 cordia se in speciem crudelitatis lapsum. Nee se 
superstitem filiae futurum fuisse, nisi spem ulcis- 
cendae mortis eius in auxilio commilitonum habuisset. 
Illis quoque enim filias sorores coniugesque esse, nee 
cum filia sua libidinem Ap. Claudi exstinctam esse, 

8 sed quo impunitior sit, eo effrenatiorem fore. Aliena 
calamitate documentum datum illis cavendae similis 
iiiiuriae. Quod ad se attineat, uxorem sibi fato 
ereptam, filiam, quia non ultra pudica victura fuerit, 

9 miseram sed honestam mortem occubuisse ; non esse 
iam Appi libidini locum in domo sua : ab alia vio- 
lentia eius eodem se animo suum corpus vindicaturum 
quo vindicaverit filiae : ceteri sibi ac liberis suis 

10 consulerent. Haec Verginio vociferanti succlamabat 
multitudo nee illius dolori nee suae libertati se 
defuturos. Et immixti turbae militum togati, eadem 3 
ilia querendo docendoque quanto visa quam audita 
indigniora potuerint videri, simul profligatam iam 

1 sua - : suae n. 

2 liberae ac pudicae 5-: libere ac pudicae F^-: libere ac 

pudice fl. 

3 eadem j- : cum eadem fl : simul eadem Zingerle. 

164 



BOOK III. L. 5 10 

crowd as his fellow-soldiers, he besought them not B.C. 449 
to attribute to him the crime of which Appius 
Claudius stood guilty, nor to repudiate him as one 
who had murdered his child. To him the life of his 
daughter had been dearer than his own, if she had 
been permitted to live pure and chaste ; when he 
saw her being carried off like a slave to be dis- 
honoured, thinking it better to lose his children by 
death than by outrage, he had been impelled bv pity 
to an act of seeming cruelty ; nor would he have 
survived his daughter, had he not hoped to avenge 
her death by the help of his fellow-soldiers. They 
too had daughters, sisters, and wives ; the lust of 
Appius Claudius had not been extinguished with 
the life of Verginia, but its lawlessness would be 
proportioned to its impunity. In the calamity of 
another they had been given a warning to be on 
their guard against similar wrongs. So far as he 
was concerned, his wife had been taken from him in 
the course of nature, his daughter, because she could 
no longer have lived chaste, had died a pitiful but 
an honourable death ; for the lust of Appius there 
was now no longer in his house any scope ; from 
other forms which his violence might take he would 
defend his own person with no less spirit than he 
had shown in defence of his daughter ; the others 
must look out for themselves and for their own 
children. As Verginius spoke these words in a loud 
voice, the multitude signified with responsive shouts 
that they would not forget his sufferings nor fail to 
vindicate their liberty. And the civilians, mingling 
with the crowd, repeated the same complaints and 
told them how much more shameful the thing would 

o 

have appeared if they could have seen it instead of 

165 



LIVY 

A.TT.O. 11 rein nuiitiando Romae esse, insecutis 1 qui Appium 

305 . . -T i j- 

prope interemptum in exsihum abisse dicerent, per- 
pulerimt ut ad arma conclamaretur vellerentque 

12 signa et Romam proficiscerentur. Decemviri simul 
iis quae videbant iisque quae acta Romae audierant 
perturbatij alius in aliam partem castrorum ad se- 
dandos motus discurrant. Et leniter 2 agentibus 
responsum non redditur : imperium si quis inhiberet, 

13 et viros et armatos se esse respondetur. Eunt agmine 
ad urbem et Aventinum insidunt, ut quisque occur- 
rerat plebem ad repetendam libertatem creandosque 

14 tribunes plebis adhortantes. Alia vox nulla violenta 
audita est. Senatum Sp. Oppius habet. Nihil placet 
aspere agi ; quippe ab ipsis datum locum seditioni 3 

15 esse. Mittuntur tres legati consulares, Sp. Tarpeius 
C. lulius P. Sulpicius, qui quaererent senatus verbis, 
cuius iussu castra deseruissent aut quid sibi vellent 
qui armati Aventinum obsedissent belloque averso ab 

16 hostibus patriam suam cepissent. Non defuit quod 
responderetur : deerat qui daret responsum nullo- 
dum certo duce nee satis audentibus singulis invidiae 
se ofterre. Id modo a multitudine conclamatum est 
ut L. Valerium et M. Horatium ad se mitterent : his 4 
se daturos responsum. 

1 insecutis Walters (after Alschefski] : insecutosque il : 
insccutique $-. 

2 Et leniter 5- : et leuiter n : Sed leniter Madvig. 

3 seditioni F"Glareanus : seditionis Q. 

4 his MHRDL : iis PFBO. 



1 Viz. by the senate and decemvirs. 
166 



BOOK III. L. 11-16 

hearing about it ; at the same time they reported B-C, 449 
that the decemvirate was already overthrown at 
Rome ; and on the arrival of later tidings, to the 
effect that Appius had almost lost his life and had gone 
into exile, they induced the troops to raise the cry 
' To arms ! " and to pluck up their standards and set 
out for Rome. The decemvirs, troubled alike by what 
they saw and by what they heard had taken place in 
Rome, rushed through the camp, one this way, an- 
other that, to still the rising. And so long as they 
mildly remonstrated, they got no answer ; but if one 
of them tried to use his authority, they told him that 
they were men, and armed. They marched in column 
to the City and took possession of the Aventine, 
urging the plebeians, as often as they fell in with 
one, to make an effort to regain their liberty and 
to elect plebeian tribunes. Save this, no violent 
proposals were heard. The senate was convened 
by Spurius Oppius. It was resolved that no harsh 
action should be taken, seeing that occasion for 
the mutiny had been given by themselves. 1 Three 
delegates of consular rank, Spurius Tarpeius, Gains 
Julius, and Publius Sulpicius, were dispatched in 
the name of the senate to inquire by whose orders 
the men had deserted the camp, and what they 
meant, who with arms had seized the Aventine, and, 
abandoning the enemy, had captured their native 
City. The men were at no loss for an answer : 
what they lacked was some one to make it, since 
they had as yet no definite leader, nor did indi- 
viduals quite dare to single themselves out for 
enmity. But the crowd called out in unison that 
they should send them Lucius Valerius and Marcus 
Horatius, to whom they would intrust their reply. 

167 



LIVY 

A.U.O. LI. Dimissis legatis admonet milites Verginius in 

305 

re non maxima paulo ante trepidatum esse quia sine 
capite multitude fuerit, responsumque quamquam 
non inutiliter, fortuito tamen magis consensu quam 

2 communi consilio esse. Placere decem creari qui 
summae rei l praeessent militarique honore tribunes 

3 militum appellari. 2 Cum ad eum ipsum primum is 
honos deferretur, " Melioribus meis vestrisque rebus 

4 reservate " inquit "ista de me iudicia ; nee mihi 
filia inulta 3 honorem ullum iucundum esse patitur, 
nee in perturbata re publica eos utile est praeesse 

6 vobis qui proximi invidiae sint. Si quis usus mei 
G est, nihilo minor ex private capietur." Ita decem 

numero tribunes mili tares creari t. 

7 Neque in Sabinis quievit exercitus. Ibi quoque 
auctore Icilio Numitorioque secessio ab decemviris 
facta est, non minore motu animorum Sicci caedis 
memoria renovata quam quern nova fama de virgine 

8 adeo foede ad libidinem petita accenderat. Icilius 
ubi audivit tribunos militum in Aventino creates, ne 
comitiorum militarium praerogativam urbana comitia 

9 iisdem tribunis plebis creandis sequerentur, peritus 
rerum popularium imminensque ei 4 potestati et ipse, 

1 rei 5-: ..i V \ reip (i.e. rei publicae) il. 

2 appellari $- : appellare (wanting in V) n. 

3 inulta V: inuita n. 

* imminensque ei lihenanus: imminensque (inm -B) et H: 
imminensque OH. 

1 Comitia is here used untechnically of the extemporized 
election called by Verginius. 

1 68 



BOOK III. LI. 1-9 

LI. After the delegates had heen dismissed, B.C. 449 
Verginius reminded the soldiers that they had been 
thrown into confusion a few minutes before, over a 
matter of no very great importance, because the 
multitude had been without a head ; and although 
a very good answer had been returned, yet this 
had been due rather to their happening to feel alike 
about the matter than to a concerted plan. He 
recommended that ten men should be chosen to 
have supreme command, and that they should be 
styled, by a military title, tribunes of the soldiers. 
When they would have tendered Verginius himself 
the first appointment to this office, he replied, 
"Reserve your good opinion of me till my own 
affairs and yours are in a better plight ; to me no 
honour can be agreeable while my daughter is 
unavenged ; nor is it well for you, with the state 
in such confusion, to be led by those who are most 
exposed to hatred. If I can render any service, it 
shall not be less because I am a private citizen." 
So they chose ten military tribunes. 

Nor was the army in the Sabine country inactive. 
There too, at the instigation of Icilius and Numi- 
torius, a secession from the decemvirate was brought 
about ; men's anger on being reminded of the 
murder of Siccius being no less violent than that 
which was kindled in them by the new story of the 
maiden whose dishonour had been so foully sought. 
Icilius, on hearing that military tribunes had been 
elected on the Aventine, feared lest the City comitia 
might take their cue from the comitia of the soldiers 1 
and elect the same men to be tribunes of the 
plebs, for he was experienced in the ways of the 
people ; and having designs upon that office himself, 

169 



LIVY 

A.O.O. priusquam iretur ad urbem, pan potestate eundem 

10 numerum ab suis creandum curat. Porta Collina 
urbem intravere sub signis, mediaque urbe agmine 
in Aventinum pergunt. Ibi coniuncti alter! exercitui 
viginti tribunis militum negotium dederunt ut ex 
suo numero duos crearent qui summae rerum prae- 
essent. M. Oppium Sex. Manilium creant. 

11 Patres solliciti de summa rerum cum senatus 
cottidie esset iurgiis saepius terunt tempus quam 

12 consiliis. Sicci caedes decemviris et Appiana libido 
et dedecora militiae obiciebantur. Placebat Valerium 
Horatiumque ire in Aventinum. Illi negabant se 
aliter ituros quam si decemviri deponerent insignia 

13 magistratus eius quo anno iam ante abissent. Decem- 
viri querentes se in ordinem cogi non ante quam 
perlatis legibus quarum causa creati essent deposi- 
turos imperium se aiebant. 

LII. Per M. Duillium, 1 qui tribunus plebis fuerat, 
certior facta plebs contentionibus adsiduis nihil 
transigi, in Sacrum montem ex Aventino transit 
2 adfirmante Duillio 2 non prius quam deseri urbem 
videant curam in animos patrum descensuram ; ad- 
moniturum Sacrum montem constantiae plebis, 
sciturosque sine restituta potestate tribunicia 3 redigi 

1 Duillium ^V ' duilium fl: diluluum S: diluiuum B*. 

2 Duillio F 3 0$-: duellio Vormi duilio PUR: c. duilio 
MFWHDL. 

3 tribunicia inserted by Gronovius. 

170 



BOOK III. LI. 9-Lii. 2 

he saw to it, before they marched to the City, that B.C. 449 
the same number of men, vested with equal power, 
were chosen by his own army. They entered Rome 
under their standards, by the Colline Gate, and 
marched right through the midst of the City to the 
Aventine. There they joined the other army, and 
directed the twenty military tribunes to appoint 
two of their number to exercise supreme command. 
Marcus Oppius and Sextus Manilius were appointed. 
The Fathers were alarmed about the state ; but, 
though the senate held daily sessions, they spent 
more time in recriminations than in deliberating. 
Siccius's murder was cast in the teeth of the de- 
cemvirs, as well as the lust of Appius, and their 
disgraces in the field. It was decided that Valerius 

O 

and Horatius should go to the Aventine. They agreed 
to go only on condition that the decemvirs would 
put off the insignia of that magistracy which they 
had already ceased to hold the year before. The 
decemvirs, complaining that they were being de- 
prived of their office, asserted that they would not 
lay down their authority until after the enactment 
of the laws which had been the reason of their 
appointment. 

LI I. Having learned from Marcus Duillius, who 
had been a plebeian tribune, that nothing was 
coming of the endless bickerings of the senate, the 
commons quitted the Aventine for the Sacred 
Mount, since Duillius assured them that not until 
the patricians beheld the City deserted would they 
feel any real concern ; the Sacred Mount would 
remind them of the firmness of the plebs, and they 
would know whether it were possible or not that 
affairs should be reduced to harmony without the 

171 



LIVY 

A.U.C. 3 in concordiam resne queant. 1 Via Nomentana, cui 
turn Ficolensi 2 nomen fuit, profecti castra in monte 
Sacro locavere moclestiam patruni suorum nihil vio- 
lando imitati. Secuta exercitum plebs nullo qui per 

4 aetatem ire posset retractante. Prosequuntur con- 
iuges liberique, cuinam se relinquerent in ea urbe 
in qua nee pudicitia nee libertas sancta esset mise- 
rabiliter rogitantes. 

5 Cum vasta Romae omnia insueta solitudo fecisset, 
in foro praeter paucos seniorum nemo esset, vocatis 
utique in seiiatum patribus desertum apparuisset 
forum, plures 3 iam quam Horatius ac Valerius 

6 vociferabantur : "Quid exspectabitis, patres cori- 
scripti ? Si decemviri finem pertinaciae non faciunt, 
ruere ac deflagrare omnia passuri estis ? Quod autem 
istud imperium est, decemviri, quod amplexi te- 

7 netis ? Tectis ac parietibus iura dicturi estis ? Non 
pudet lictorum vestrorum maiorem prope numerum 
in foro conspici quam togatorum aliorum ? 4 Quid si 
hostes ad urbeni veniant facturi estis ? Quid si plebs 
mox, ubi parum secessioiie moveamur, armata veniat ? 

8 Occasune urbis voltis finire imperium ? Atqui aut 
plebs non est habenda aut habendi sunt tribuni 
plebis. Nos citius caruerimus patriciis magistratibus 

9 quam illi plebeiis. Novam inexpertamque earn po- 
testatem eripuere patribus iiostris ; ne nunc dulce- 

1 resne queant ffarant : res nequeant H. 

2 Ficolensi : ficulensi f (cf. i. xxxviii. 4) : figulensi fi : 
figulensi figulensi M : tingulensi R. 

3 plures 5- : pluresque fl. 

4 aliorum j- : aliorumque Q,. 

172 



BOOK III. LIT. 2-9 

restoration of the tribunician power. Marching out B.C. 
by the Via Nomentana, then called Ficulensis, they 
pitched their camp on the Sacred Mount, having 
imitated the good behaviour of their fathers and 
made no depredations. Following the army came 
the plebeian civilians ; nor did any one who was of 
an age to go hold back. They were attended a 
little way forth by their wives and children, who 
inquired pathetically to whose protection they were 
leaving them, in that City where neither chastity 
nor liberty was sacred. 

Now that all Rome was desolate with an unwonted 
loneliness, and there was nobody in the Forum but 
a few old men, and it appeared, particularly when 
the Fathers had been summoned to the senate-house, 
quite deserted, there were many others besides 
Horatius and Valerius who remonstrated. " What 
will you wait for, Conscript Fathers?" they cried 
out. "If the decemvirs persist in their obstinacy, 
will you suffer everything to go to wrack and ruin ? 
Pray what is that authority, decemvirs, to which you 
cling with such tenacity ? Is it to roofs and walls you 
will render judgment? Are you not ashamed that 
your lictors should be seen in the Forum in almost 
larger numbers than the other citizens ? What do 
you mean to do if the enemy should come to the 
City? What if, by and bye, the plebs, finding us 
unmoved by their secession, come with sword in 
hand ? Do you wish the downfall of the City to be 
the end of your rule ? And yet, either we must have 
no plebs, or we must have plebeian tribunes. We 
will sooner dispense w r ith patrician magistrates than 
they with plebeian. It was a new and untried power 
when they extorted it from our fathers : now 



LIVY 

A.V.C. dine semel capti ferant desiderium, cum praesertim 

305 

nec nos temperernus imperiis, quo minus illi auxilii 

10 egeant." Cum haec ex omni parte iactarentur, victi 
consensu decemviri futures se, quando ita videatur, 

11 in potestate patrum adfirmant. Id modo simul orant 
ac monent, ut ipsis ab invidia caveatur nec suo 
sanguine ad supplicia patrum plebem adsuefaciant. 

LI 1 1. Turn Valerius Horatiusque missi ad plebem 
condicionibus quibus videretur revocandam compo- 
nendasque res, decemviris quoque ab ira et impetu 

2 multitudinis praecavere iubentur. Profecti gaudio 
ingenti plebis in castra accipiuntur, quippe liberato- 
res baud dubie et motus initio et exitu rei. Ob haec 

3 iis l advenientibus gratiae actae ; Icilius pro multi- 
tudine verba facit. Idem, cum de condicionibus 
ageretur, quaerentibus legatis quae postulata plebis 
essent, composite iam ante adventum legatorum con- 
silio ea postulavit ut appareret in aequitate rerum 

4 plus quam in armis reponi spei. Potestatem enim 
tribuniciam provocationemque repetebant, quae ante 
decemviros creatos auxilia plebis fuerant, et ne cui 
fraudi esset concisse milites aut plebem ad repe- 

1 haec iis $- '. haec his n : haec RDL. 
174 



BOOK III. LII. 9-Lin. 4 

that they have once been captivated by its charm, B.C. 
they would be even less willing to forgo it, especially 
when we on our side do not so temper the exercise 
of our authority that they stand in no need of help." 
As these reproaches were flung at them from every 
quarter, the decemvirs were overborne by the con- 
sensus of opinion and gave assurances that they 
would submit, since it was thought best, to the 
authority of the senate. They had but this one 
request to make which was also a warning, that 
their persons might be protected from men's hate, 
and that their blood might not be the means of 
accustoming the plebs to punish senators. 

LIU. Valerius and Horatius were then sent to 
bring back the plebs and adjust all differences, on 
such terms as might seem good to them ; and they 
were also instructed to secure the decemvirs 
against the anger and violence of the people. Having 
proceeded to the camp, they were received with 
great rejoicings by the plebs, as undoubted champions 
of liberty both in the beginning of the disturbance 
and in the sequel. In recognition of this they were 
thanked on their arrival, Icilius speaking on behalf 
of the multitude. And it was Icilius too who, when 
terms were discussed and the commissioners inquired 
what the plebeians demanded, made such requests, 
in pursuance of an understanding already reached 
before the arrival of the envoys, that it was apparent 
they based their hope more on equity than on arms. 
For the recovery of the tribunician power and the 
appeal were the things they sought things which 
had been the help of the plebs before the election of 
decemvirs ; and that it should not be held against 
any man that he had incited the soldiers or the people 

175 



LIVY 

5 tendam per secessionem libertatem. De decemvi- 

* 

rorum modo supplicio atrox postulatum fuit ; dedi 
quippe eos aequum censebant vivosque igni concre- 

6 matures minabantur. Legati ad ea : " Quae consilii 
fuerunt adeo aequa postulastis ut ultro vobis de- 
ferenda fuerint ; libertati enim ea praesidia petitis, 

7 non licentiae ad impugnandos alios. Irae vestrae 
magis ignoscendum quam indulgeiidurn est, quippe 
qui crudelitatis odio in crudelitatem ruitis et prius 
paene quam ipsi liberi sitis dominari iam in adver- 

8 sarios voltis. Numquamne quiescet 1 civitas nostra 
a suppliciis aut patrum in plebem Romanam aut 

9 plebis in patres? Scuto vobis magis quam gladio 
opus est. Satis superque humili 2 est, qui iure aequo 
in civitate vivit nee inferendo iniuriam nee patiendo. 

10 Etiam si quando metuendos vos praebituri estis, cum 
reciperatis magistratibus legibusque vestris indicia 
penes vos eruiit de capite nostro fortunisque,tunc ut 
quaeque causa erit statuetis : nunc libertatem repeti 
satis est." 

LIV. Facerent ut vellent permittentibus cunctis 

mox redituros se legati rebus perfectis adfirmant. 

2 Profecti cum mandata plebis patribus exposuissent, 

alii decemviri, quando quidem praeter spem ip- 

sorum supplicii sui nulla mentio fieret, baud quicquam 



1 quiescet R z $- : quieactt M : quiescit 
* humili PD1 : humilis n. 



176 



BOOK III. LIII. 4-Liv. 2 

to recover their liberties by secession. Only in regard B.C. 149 
to the punishment of the decemvirs was their de- 
mand a harsh one ; for they thought it just that the 
decemvirs should be delivered up to them, and 
threatened to burn them alive. To these proposals 
the commissioners replied : " The demands which 
have been prompted by your judgment are so right 
that they ought to have been accorded you volun- 
tarily ; for you seek in them guarantees of liberty, 
not of a licence to make attacks on others. But your 
anger calls for pardon rather than indulgence, seeing 
that hatred of cruelty is driving you headlong into 
cruelty, and almost before you are free yourselves 
you are wishing to lord it over your adversaries. 
Will the time never come when our state shall rest 
from punishments visited either by the patricians 
on the Roman plebs or by the plebs on the patricians ? 
A shield is what you need more than a sword. It 
is enough and more than enough for a lowly citizen 
when he lives in the enjoyment of equal rights in 
the state, neither inflicting an injury nor receiving 
one. Even if you are one day to make yourselves 
dreaded, when you have got back your magistrates 
and laws and possess authority to put us on trial for 
our lives and fortunes, you shall then give judgment 
in accord with the merits of each particular case : 
for the present it is enough to regain your liberty." 

L1V. When the people all consented that they 
should do as they saw fit, the envoys assured them 
that they would settle matters and presently return. 
So they departed and explained to the Fathers the 
demands of the plebs. The other decemvirs, when 
they found that, contrary to their expectation, no 
mention was made of any punishment of themselves, 

177 



LIVY 

A - u - c - 3 abnuere : Appius truci ingenio et invidia praecipua 

odium in se aliorum suo in eos metiens odio, " Haud 

4 ignaro" inquit " imminet fortuna. Video donee 

arma adversariis tradantur difFerri adversus nos cer- 

tamen. Dandus invidiae est sanguis. Nihil ne ego 

quidem moror quo minus decemviratu abeam." 

6 Factum senatus consultum ut decemviri se primo 

quoque tempore magistratu abdicarent, Q. Furius 

pontifex maximus tribunes plebis crearet, et ne cui 

fraudi esset secessio militum plebisque. 

6 His senatus consultis perfectis dimisso senatu 
decemviri prodeunt in contionem abdicantque se 
majnstratu inffenti hominum laetitia. Nuntiantur 

O O 

7 haec plebi. Legates quidquid in urbe hominum 
supererat prosequitur. Huic multitudini laeta alia 
turba ex castris occurrit. Congratulantur libertatem 

8 concordiamque civitati restitutam. Legati pro con- 
tione : " Quod bonum faustum felixque sit vobis 
reique publicae, redite in patriam ad penates, 
coniuges liberosque vestros ; sed qua hie modestia 
fuistis, ubi nullius ager in tot rerum usu necessario 
tantae multitudini est violatus, earn modestiam ferte 
in urbem. In Aventinum ite, unde profecti estis. 

9 Ibi felici loco, ubi prima initia incohastis libertatis 
vestrae, tribunes plebi creabitis. Praesto erit pontifex 



1 Asconius (ed. Clark, p. 77) commenting on Cicero's speech 
Pro Cornelia de Maiestate (which states that the plebs on this 
occasion "elected ten plebeian tribunes, through the in- 
strumentality of the pontifex, because there was no magis- 
trate") gives the name of the pontifex maximus as M. Papirius. 
This is the first time that Livy has mentioned the pontifex 
maximus, thus implying the existence of a college of pontiffs. 
See IV. xliv. 



BOOK III. LIV. 2-9 

made no objection to any thing: Appius, hard-hearted, B.o.4i9 
knowing himself peculiarly unpopular, and measur- 
ing other men's hatred of himself by his own of 
them, exclaimed, " I am not unaware of the lot 
which threatens me. I perceive that the attack 
upon us is only being postponed till arms are handed 
over to our adversaries. Hatred must have its 
offering of blood. I too am willing to relinquish 
the decemvirate." A decree was passed by the 
senate that the decemvirs should abdicate the map-is- 

O 

tracy at the earliest possible moment ; that Quintus 
Furius, the Pontifex Maximus, 1 should hold an 
election of plebeian tribunes ; and that no one should 
be made to suffer for the secession of the soldiers 
and the plebs. 

Having so decreed the senate adjourned and the 
decemvirs went before the people and laid down 
their office, to the great delight of all. These events 
were reported to the plebs, the envoys being accom- 
panied by all the people left in the City. The 
multitude was met by another joyful throng from 
the camp, and they exchanged congratulations on 
the restoration of freedom and harmony to the state. 
The commissioners addressed the people as follows : 
" Prosperity, favour, and good fortune to you and 
the Republic ! Return to your native City, to your 
homes, to your wives, and your children ; but let the 
self-restraint you have shown here, where no man's 
farm has been violated, though so many things were 
useful and necessary to so great a multitude, be pre- 
served when you return to the City. Go to the Aven- 
tine, whence you set out. There in the auspicious 
place where you first laid the foundations of your 
liberty, you shall choose tribunes of the plebs. The 

179 



LIVY 

A.ti.u. 10 maximus qui comitia habeat." Ingens adsensus 
alacritasque cuncta adprobantium fuit. Convellunt 
inde signa profectique Romam certaiit cum obviis 
gaudio. Armati per urbem silentio in Aventinum 

11 perveniunt. Ibi extemplo pontifice maximo comitia 
habente tribunes plebis creaverunt, omnium primum 
L. Verginium, 1 inde L. Icilium et P. Numitorium, 
avunculum Verginiae, 2 auctores secessionis, turn 

12 C. Sicinium, progeniem eius, quern primum tribunum 
plebis creatum in Sacro monte proditum memoriae 
est, et M. Duillium, qui tribunatum insignem ante 
decemviros creatos gesserat nee in decemviralibus 

13 certaminibus plebi defuerat. Spe deinde magis 
quam meritis electi M. Titinius M. Pomponius 

14 C. Apronius Ap. Villius C. Oppius. Tribunatu inito 
L. Icilius extemplo plebem rogavit et plebs scivit 
ne cui fraudi esset secessio ab decernviris facta. 

15 Confestim de consulibus creandis cum provocatione 
M. Duillius rogationein pertulit. Ea omnia in pratis 
Fl ami nils concilio plebis acta, quern nunc circum 
Flaminium appellant. 

LV. Per interregem deinde consul es creati L. 

Valerius M. Horatius, qui extemplo magistratum 

occeperunt. Quorum consulatus popularis sine ulla 

2 patrum iniuria nee sine offensione fuit ; quidquid 

1 L. Verginium Sigonius (in. xliv. 2 and Iviii. 5) : aulum 
uerginium fl. 

8 Verginiae D1 Sabellicus (chap. xlvi. 5) : uergini (or ii) n. 



1 Avunculus means properly "uncle," but sometimes 
"great-uncle," as I have here translated it, taking it to refer 
to the P. Numitorius who in chap. xlv. 4 is called puellae 
avus. 

180 



BOOK III. LIV. 9-Lv. 2 

Pontifex Maximus will be at hand to hold the B.C. 449 
election." With loud applause and great alacrity 
the people showed their approval of all that had 
been said. They pulled up their standards from the 
place and set out for Rome, vying with those whom 
they met in joyful demonstrations. Armed, they 
proceeded in silence through the City to the Aven- 
tine. There the Pontifex Maximus at once held the 
comitia, and they elected tribunes of the plebs ; first 
of all Lucius Verginius ; then Lucius Icilius and 
Publius Numitorius, Verginia's great-uncle, 1 the in- 
stigators of the secession ; then Gaius Sicinius, son 
of the man who is related to have been the first 
plebeian tribune chosen on the Sacred Mount ; and 
Marcus Duillius, who had filled the tribuneship with 
distinction before the decemvirs were appointed, 
and had not failed the plebs in their contentions 
with the decemvirs. Then, more by reason of their 
promise than for any deserts of theirs, they elected 
Marcus Titinius, Marcus Pomponius, Gaius Apronius, 
Appius Villius, and Gaius Oppius. As soon as they 
had taken office, Lucius Icilius proposed to the 
people, and they so voted, that no man should suffer 
for the secession from the decemvirs. Immediately 
a bill that consuls should be elected subject to 
appeal was offered by Marcus Duillius and was 
carried. These matters were all transacted by the 
council of the plebs, in the Flaminian Meadows, 
which men now call the Flaminian Circus. 

LV. Then, through an interrex, they elected to 
the consulship Lucius Valerius and Marcus Horatius, 
who at once assumed office. Their administration 
was favourable to the people, without in any way 
wronging the patricians, though not without offending 

VOL. II. G lSl 



LIVY 

.V.CI. enim libertati plebis caveretur, id suis decedere 

3 opibus credebant. Omnium primum, cum velut in 
controverso iure esset tenerenturne patres plebi 
scitis, legem centuriatis comitiis tulere ut quod 
tributim plebes iussisset populum teneret ; qua lege 
tribuniciis rogationibus telum acerrimum datum est. 

4 Aliam deinde consularem legem de provocatione, 
unicum praesidium libertatis, decemvirali potestate 
eversam, non restituunt modo, sed etiam in posterum 

5 muniunt sanciendo novam legem, ne quis ullum 
magistratum sine provocatione crearet; qui creasset, 
eum ius fasque esset occidi, neve ea caedes capitalis 

6 noxae haberetur. Et cum plebem hinc provocatione 
hinc tribunicio auxilio satis firmassent, ipsis quoque 
tribunis, ut sacrosancti viderentur, cuius rei prope 
iam memoria aboleverat, relatis quibusdam ex magno 

7 intervallo caerimoniis renovarunt, et cum religione 
inviolatos eos turn lege etiam fecerunt, sanciendo ut 
qui tribunis plebis aedilibus iudicibus decemviris 
nocuisset, eius caput lovi sacrum esset, familia ad 

8 aedem Cereris Liberi Liberaeque venum iret. Hac 
lege iuris 1 interpretes negant quemquam sacro- 

1 lege iuris Jf 2 or M 1 : iuris lege n : iuris legem RDL. 



1 i. e. the plebeian aediles, two in number, elected by the 
plebeians to assist the tribunes, as the quaestors did the 
consuls, and take charge of the archives of the plebs, kept in 
the temple of Ceres (see 13). 

2 These decemviri stlitibus iudicandis judged cases involv- 
ing liberty or citizenship. 

182 



BOOK III. LV, 2-8 

them ; for whatever was done to protect the B.C. 449 
liberty of the plebs they regarded as a diminution 
of their own strength. To begin with, since it 
was virtually an undecided question whether the 
patricians were legally bound by plebiscites, they 
carried a statute in the centuriate comitia enacting 
that what the plebs should order in the tribal 
organization should be binding on the people a 
law which provided the rogations of the tribunes 
with a very sharp weapon. Next they not only 
restored a consular law about the appeal, the unique 
defence of liberty, which had been overthrown by 
the decemviral power, but they also safeguarded 
it for the future by the solemn enactment of a new 
law, that no one should declare the election of any 
magistrate without appeal, and that he who should 
so declare might be put to death without offence to 
law or religion, and that such a homicide should not 
be held a capital crime. And having sufficiently 
strengthened the plebs, by means of the appeal on 
the one hand and the help of the tribunes on the 
other, they revived, in the interest of the tribunes 
themselves, the principle of their sacrosanctity 
(which was a thing that had now come to be well- 
nigh forgotten) by restoring certain long-neglected 
ceremonies ; and they rendered those magistrates 
inviolate, not merely on the score of religion but 
also by a statute, solemnly enacting that he who 
should hurt the tribunes of the plebs, the aediles, 1 
or the decemviral judges 2 should forfeit his head 
to Jupiter, and that his possessions should be 
sold at the temple of Ceres, Liber, and Libera. 
Expounders of the law deny that any one is sacro- 
sanct by virtue of this statute, but maintain that 



LIVY 

A.TT.O. sanctum esse, sed eum qui eorum cui l nocuerit. lovi 

305 

9 sacrum 2 sanciri ; itaque aedilem prendi ducique 
a maioribus magistratibus, quod etsi non iure fiat 
noceri enim ei cui hac lege non liceat tamen 
argumentum esse non haberi pro sacro sanctoque 3 

10 aedilem ; tribunes vetere 4 iure iurando plebis, cum 
primum earn potestatem creavit, sacrosanctos esse. 

11 Fuere qui interpretarentur eadem hac Horatia lege 
consulibus quoque et praetoribus, quia eisdem auspi- 
ciis quibus consules crearentur, cautum esse : iudicem 

12 enim consulem appellari. Quae refellitur inter- 
pretatio, quod iis temporibus nondum consulem 

13 iudicem sed praetorem appellari mos fuerit. Hae 
consulares leges fuere. Institutum etiam ab iisdem 
consulibus ut senatus consulta in aedem Cereris ad 
aediles plebis deferrentur, quae antea arbitrio con- 

14 sulum supprimebantur vitiabanturque. M. Duillius 
deinde tribunus plebis plcbem rogavit plebesque 
scivit qui plebem sine tribunis reliquisset, quique 
magistratum sine provocatione creasset, tergo ac 

15 capite puniretur. Haec omnia ut invitis, ita non 

1 cui : cuiquam cui FB : quecui P: cuiquera MP* : 
cuiquam UD* : quern fi. 

2 lovi sacrum H. J. Mueller : id (or id ad) sacrum n. 

3 sacro sanctoque MRDL : sacrosancto n. 
* vetere 5- : ueteres n. 

1 The legal experts seem to have held that there was a 
distinction between the status of the tribunes and that of 
the aediles based on the belief that the former had been 
given sacrosanctitns at the time their office and that of the 
aediles was established, and that any violation of their 
persons automatically made the violator an outlaw (sacer) ; 

184 



BOOK III. LV. 8-15 

the man who has injured any of these officials is B.C. 449 
solemnly forfeited to Jupiter ; hence the aedile 
may be arrested and imprisoned by the greater 
magistrates, an act which, though it be unlawful- 
for he is thereby injured who, according to this 
statute, may not be injured, is nevertheless a proof 
that the aedile is not regarded as sacrosanct ; 
whereas the tribunes are sacrosanct in consequence 
of the ancient oath taken by the plebs, when they 
first created this magistracy. 1 There were some 
who taught that by this same Horatian law the 
consuls also were protected, and the praetors, inas- 
much as they were created under the same auspices 
as the consuls; for the consul was called "judge." 
But this interpretation is refuted by the fact that 
it was not yet the custom in those days for the 
consul to be called "judge," but "praetor." Such 
were the consular laws. The practice was also 
instituted by the same consuls that the decrees of 
the senate should be delivered to the aediles of 
the plebs at the temple of Ceres. Up to that time 
they were wont to be suppressed or falsified, at 
the pleasure of the consuls. Marcus Duillius, the 
tribune of the plebs, then proposed to the plebs, 
and they so decreed, that whosoever should leave 
the plebs without tribunes and whosoever should 
declare the election of a magistrate without appeal 
should be scourged and beheaded. All these 
measures, though they were passed against the will 
of the patricians, were yet not opposed by them, 



whereas it was necessary for an aedile to bring suit against 
the higher magistrate ami convict him of the violation, 
before the man became sacer. 



LIVY 

A.U.C. adversantibus patriciis transacta, quia nondum in 

305 

quemquam unum saeviebatur. 

LVI. Fundata deinde et potestate tribunicia et 
plebis libertate turn tribuni adgredi singulos tutum 
maturumque iarn rati accusatorem primum Verginium 

2 et Appium reum deligunt. Cum diem Appio Ver- 
ginius dixisset et Appius stipatus patriciis iuvenibus 
in forum descendisset, redintegrata extemplo est 
omnibus memoria foedissimae potestatis, cum ipsum 

3 satellitesque eius vidissent. Turn Verginius " O ratio " 
inquit, " rebus dubiis inventa est ; itaque neque ego 
accusando apud vos eum tempus teram a cuius 
crudelitate vosmet ipsi armis vindicastis, nee istum 
ad cetera scelera impudentiam in defendendo se 

4 adicere patiar. Omnium igitur tibi, Ap. Claudi, quae 
impie nefarieque per biennium alia super alia es 
ausus, gratiam facio : unius tantum criminis nisi 
iudicem dices, te ab libertate in servitutem contra 
leges vindicias non dedisse, in vincla te duci iubebo." 

5 Nee in tribunicio auxilio Appius nee in iudicio populi 
ullam spem habebat ; tamen l et tribunes appellavit 
et, nullo morante arreptus a viatore, " Provoco " 

6 inquit. Audita vox una vindex libertatis, ex eo 

1 tamen Madvig : attamen ft. 

1 Verginius did not mean to deprive Appius of the right 
to speak eventually in his own defence, as we see in chap. 
Ivii. 6, but merely to abridge the preliminary hearing. He 
therefore proposed a sponsio (cf. chap. xxiv. 5) to determine 
the guilt or innocence of Appius on one essential point. 

186 



BOOK 111. LV. 15-Lvi. 6 

since, so far, no one person had been singled out B.C. 449 
for attack. 

LVI. Then, when the tribunician power and the 
liberty of the plebs were firmly established, the 
tribunes, believing that it was now safe to proceed 
against individuals and that the time was ripe for 
doing so, selected Verginius to bring the first 
accusation and Appius to be defendant. When 
Verginius had cited Appius to appear, and the 
latter, attended by a crowd of young patricians, 
had come down into the Forum, there was instantly 
revived in the minds of all the recollection of that 
most wicked power, as soon as they caught sight 
of the man himself and his satellites. Then 
Verginius said, " Oratory was invented for doubtful 
matters ; and so I shall neither waste time in 
arraigning before you the man from whose cruelty 
you freed yourselves with arms, nor shall I suffer 
him to add to his other crimes the impudence of 
defending himself. 1 I therefore pardon you, Appius 
Claudius, all the impious and wicked deeds which 
you dared, during two years, to heap one upon 
another; on one charge only, unless you shall name a 
referee to establish your innocence of having illegally 
assigned custody of a free person to him who claimed 
her as his slave, I shall order you to be taken to 
prison." Neither in the protection of the tribunes nor 
in the decision of the people had Appius anything to 
hope ; yet he called upon the tribunes, and when 
none of them would stay proceedings, and he had 
been arrested by an officer, he cried, " 1 appeal." 
The sound of this word, the one safeguard of 

* O 

liberty, coming from that mouth by which, shortly 
before, a free person had been given into the 

187 



LIVY 

A.TT.C. missa ore quo vindiciae nuper ab libertate dictae 

305 

7 erant, silentium fecit. Et dum pro se quisque deos 
tandem esse et non neglegere Immana fremunt, et 
superbiae crudelitatique etsi seras, non leves tarn en 

8 venire poenas provocare qui provocationem sustu- 
lisset, et implorare praesidium populi qui omnia iura 
populi obtrisset, rapique in vincla egentem iure liber- 
tatis, qui liberum corpus in servitutem addixisset, 
ipsius Appi inter contionis murmur fidem populi 

9 Romani implorantis vox audiebatur. Maiorum merita 
in rem publicam domi militiaeque commemorabat, 
suum infelix erga plebem Romanam studium, quo 
aequandarum legum causa cum maxima offensione 
patrum consulatu abisset, suas leges, quibus manenti- 

10 bus lator earum in vincla ducatur. Ceterum sua 
propria bona malaque, cum causae dicendae data 
facultas sit, turn se experturum ; in praesentia se 
communi iure civitatis civem Romanum die dicta 
postulare ut dicere liceat, ut iudicium populi Romani 
experiri. Non ita se invidiam pertimuisse ut nihil in 
aequitate et misericordia civium suorum spei habeat. 

11 Quod si, indicta causa in vincla ducatur, iterum se 
tribunes plebei appellare, et monere ne imitentur 

1 The Twelve Tables. 
1 88 



BOOK III. LVI. 6-1 1 

custody of one who claimed her as a slave, pro- B.C. 449 
duced a hush. And while the people muttered, 
each man to himself, that there were gods 
after all, who did not neglect the affairs of 
men ; and that pride and cruelty were receiving 
their punishment, which though late was never- 
theless not light that he was appealing who had 
nullified appeal ; that he was imploring the pro- 
tection of the people who had trodden all the rights 
of the people under foot ; that he was being carried 
off to prison, deprived of his right to liberty, who 
had condemned the person of a free citizen to 
slavery the voice of Appius himself was heard 
amidst the murmurs of the assembly, beseeching 
the Roman People to protect him. He reminded 
them of the services his forefathers had rendered 
the state in peace and in war ; of his own un- 
fortunate affection for the Roman plebs, in conse- 
quence of which he had given up his consulship 
in order to make the laws equal for all with great 
offence to the patricians ; of the laws he had himself 
drawn up, 1 which were still standing while their 
author was being dragged off to prison. For the rest, 
when he should be given an opportunity to plead his 
cause, he would try what would come of his own 
peculiar services and shortcomings ; at present he 
asked that, in accordance with the common right 

o 

of citizenship, he be permitted, being a Roman 
citizen and under accusation, to speak, and to be 
judged by the Roman People. He did not so fear 
men's malice as to have no hope in the justice and 
pity of his fellow citizens. But if he was to be im- 
prisoned, his cause unheard, he appealed once more 
to the tribunes of the plebs, and warned them not to 

189 



LIVY 

A.U.C. 12 quos oderint. Quod si tribuni eodem foedere obli- 

it\jt) 

gatos se fateantur tollendae appellationis 1 in quod 2 
conspirasse decemviros criminati sint, at 3 se provo- 
care ad populum, implorare leges de provocatione et 
13 consulares et tribunicias, eo ipso anno latas. Quern 
enim provocaturum, si hoc indemnato indicta causa 
non liceat? Cui plebeio et humili praesidium in 
legibus fore, si Ap. Claudio non sit ? Se documento 
futurum utrum novis legibus dominatio an libertas 
firmata sit, et appellatio provocatioque adversus 
iniuriam magistratuum ostentata tantum inanibus 
litteris an vere data sit. 

LVII. Contra ea Verginius unum Ap. Claudium 
et legum expertem et civilis et humani foederis esse 

2 aiebat : respicerent tribunal homines, castellum 
omnium scelerum, ubi decemvir ille perpetuus, bonis, 
tergo, sanguini civium infestus, virgas securesque 
omnibus minitans, deorum hominumque contemptor, 

3 carnificibus, non lictoribus stipatus, iam ab rapinis et 
caedibus animo ad libidinem verso virginem in- 
genuam in oculis populi Romani, velut bello captam, 
ab complexu patris abreptam ministro cubiculi sui 

4 clienti dono dederit ; ubi crudeli decreto nefandisque 
vindiciis dextram patris in filiam armaverit ; ubi 
tollentis corpus semianime virginis sponsum avum- 

1 appellationis V : appellationis causa (causam RDL) fl. 

2 in quod Crevier $ : in quam fi : in qua BD% : inquam 
in qua M. 

3 at lac. Gronovius : ait fl. 

190 



BOOK III. LVI. II-LVII. 4 

imitate those whom they hated. And if the tribunes B.C. 449 
should confess that they were bound by the same 
agreement which they charged the decemvirs with 
having entered into, not to hear an appeal, he still 
appealed to the people, and invoked the laws, both 
consular and tribunician, which had been enacted 
concerning appeals that very year. For who, he 
asked, should make an appeal, if a man who had 
not been condemned, whose cause had not been 
heard, might not do so ? What humble plebeian 
would find protection in the laws, if they afforded 
none to Appius Claudius ? His own case would 
show whether the new statutes had established 
tyranny or freedom, and whether the appeal to the 
tribunes and that to the people against the injustice 
of magistrates had been merely a parade of meaning- 
less forms, or had been really granted. 

LVI I. Against this plea Verginius asserted that 
Appius Claudius alone was beyond the pale of the 
laws and of the rights of citizens and men. He bade 
his hearers look on the tribunal, the stronghold of all 
crimes, where that man, as perpetual decemvir, 
deadly foe to their fortunes, their persons, and their 
lives, threatening them all with rods and axes, des- 
pising gods and men, backed by executioners instead 
of lictors, had began to turn his thoughts from rapine 
and murder to lust; and, in full sight of the Roman 
People, had torn a free maiden from her father's 
arms, as though she had been a captive taken in 
war, and bestowed her as a gift upon his pimp and 
client; the tribunal where, by his tyrannical decree 
and wicked judgments, he had armed a father's 
right hand against his daughter ; where, as they 
were lifting up the body of the dying girl, he had 

191 



LIVY 

A.TT.O. que l in carcerem duel iusserit. stupro interpellato 

305 

magis quam caede motus. Et illi carcerem aedifica- 
tum esse quod domicilium plebis Romanae vocare 

5 sit solitus. Proinde ut ille iterum ac saepius provocet, 
sic se iterum ac saepius iudicem illi ferre ni vindicias 
ab libertate in servitutem dederit ; si ad iudicen\ 

6 non eat, pro damnato in vincla duci iubere. Ut baud 
quoquam improbante sic magno motu animorum, 
cum tanti viri supplicio suamet plebi iam nimia 
libertas videretur, in carcerem est coniectus. Tribu- 
nus ei diem prodixit. 

7 Inter haec ab Latinis et Hernicis legati gratulatum 
de concordia patrum ac plebis Romam venerunt, 
donumque ob earn lovi optumo maximo coronam 
auream in Capitolium tulere parvi ponderis, prout 
res baud opulentae erant colebanturque religiones 

8 pie magis quam magnifice. lisdem auctoribus cog- 
nitum est Aequos Volscosque summa vi bellum 

9 apparare. Itaque partiri provincias consules iussi. 
Horatio Sabini, Valerio Aequi evenere. Cum ad ea 
bella dilectum edixissent, favore plebis non iuniores 

1 avumque H : auunculamque Sabelllcus (cf. note on chap. 
xlv. 4). 

1 And the Volsci, apparently, see chap. Ix. 1. 
192 



HOOK III. LVII. 4-9 

ordered her betrothed and her uncle to be haled to B.C. 449 
prison more moved by the disappointing of his 
pleasure than by her death. For Appius too had 
been built that prison which he was wont to call 
the home of the Roman plebs. Accordingly, though 
he should again and repeatedly appeal, he would 
himself again and repeatedly challenge him to prove 
before a referee that he had not adjudged a free 
citizen to the custody of one who claimed her as a 
slave. Should he refuse to go before a referee, he 
bade him be led to gaol, as one found guilty. 
Though none raised his voice in disapproval, there 
were yet profound misgivings on the part of the 
plebs when he was cast into prison, since they saw 
in the punishment of so great a man a sign that 
their own liberty w^as already grown excessive. 
The tribune appointed a day for the continuance 
of the trial. 

Meanwhile from the Latins and the Hernici 
came envoys to congratulate the Romans upon the 
harmony subsisting between the patricians and the 
plebs ; and to commemorate it they brought a 
gift for Jupiter Optimus Maximus, to the Capitol. 
This was a golden crown, of no great weight, 
for their states were not rich, and they observed 
the worship of the gods with piety rather than 
magnificence. From these same envoys came the 
information that the Aequi and the Volsci were 
making strenuous preparations for war. The con- 
suls were therefore bidden to divide the commands 
between them. To Horatius fell the campaign 
against the Sabines ; to Valerius that against the 
Aequi. 1 When they had proclaimed a levy for 
these wars, the plebs showed so much good-will 

193 



LIVY 

A.U.O. modo sed emeritis etiam stipendiis pars magna 
voluntariorum ad nomina danda praesto fuere, eoque 
non copia modo sed genere etiam militum, veteranis 
10 admixtis, firaaior exercitus fuit. Priusquara urbe 
egrederentur, leges decemvirales, quibus tabulis 
duodecim est nomen, in aes incisas in publico pro- 
posuerunt. Sunt qui iussu tribunorum aediles functos 
eo miiiisterio scribant. 

LVIII. C. Claudius, qui perosus decemvirorum 
scelera et ante omnes fratris filii superbiae infestus 
Regillum, antiquam in patriam, se contulerat, is 
magno iam natu, cum ad pericula eius deprecanda 
redisset cuius vitia fugerat,sordidatus cum gentilibus 
clientibusque in foro prensabat singulos orabatque 

2 ne Claudiae genti earn inustam maculam vellent ut 
carcere et vinculis viderentur digni. Virum 1 hono- 
ratissimae imaginis futurum ad posteros, legum 
latorem conditoremque Romani iuris, iacere vinctum 

3 inter fures nocturnos ac latrones. Averterent ab 
ira parumper ad cognitionem cogitationemque 
animos, et potius unum tot Claudiis deprecantibus 
condonarent quam propter unius odium multorum 

4 preces aspernarentur. Se quoque id generi ac no- 
mini dare nee cum eo in gratiam redisse cuius 
adversae fortunae velit succursum. Virtute liber- 

1 virum 3 A 3 ^- : verum 1. 
194 



BOOK III. LVII. 9-Lvni. 4 

that not only the juniors but also a great number B.C. 449 
of volunteers who had served their time presented 
themselves for enrolment, with the result that not 
alone in numbers but in the quality of the troops 
as well, owing to the admixture of veterans, the 
army was stronger than usual. Before they left 
the City, the consuls had the decemviral laws, which 
are known as the Twelve Tables, engraved on 
bronze, and set them up in a public place. Some 
authors say that the aediles, acting under orders 
from the tribunes, performed this service. 

LVIII. Gains Claudius, who loathed the wicked- 
ness of the decemvirs and was particularly offended 
by his nephew's insolence, had retired to Regillus, 
the ancient seat of his family. He was advanced 
in years, but he returned to Rome to beg for the 
pardon of the man whose vices he had fled. In 
sordid garments, accompanied by his clansmen and 
clients, he went about the Forum, soliciting the 
support of one citizen after another, beseeching them 
that they would not seek to brand the Claudian race 
with the shame of being held to merit imprisonment 
and chains. A man whose portrait-mask would be 
held in the highest honour by coming generations, 
the framer of statutes and the founder of Roman law, 
lay in prison among night-prowling thieves and ban- 
ditti. Let them turn their minds from wrath, for a 
moment, to consider and reflect upon the matter ; 
and let them sooner forgive one man, at the en- 
treaty of so many Claudii, than scorn, in their hatred 
of one, the prayers of many. He was doing this, he 
said, out of regard to his family and his name ; nor 
had there been any reconciliation between him and 
the man whose adversity he sought to succour. By 

195 



LIVY 

A.U.O. tatem reciperatam esse : dementia concordiam 

305 

6 ordinum stabiliri posse. Erant quos moveret sua 
magis pietate quam eius pro quo agebat causa ; 
sed Verginius sui potius ut misererentur orabat 
filiaeque, nee gentis Claudiae regnum in plebem 
sortitae sed necessariorum Verginiae trium tribuno- 
rum preces audirent, qui ad auxilium plebis creati 

6 ipsi plebis fidem atque auxilium implorarent. lusti- 
ores hae lacrimae videbantur. Itaque spe incisa, 
priusquam prodicta dies adesset, Appius mortem 
sibi conscivit. 

7 Subinde arreptus a P. Numitorio Sp. Oppius, 
proximus invidiae, quod in urbe fuerat cum iniustae 

8 vindiciae a collega dicerentur. Plus tarn en facta 
iniuria Oppio quam non prohibita invidiae fecit. 
Testis productus, qui septem et viginti enumeratis 
stipendiis octiens extra ordinem donatus donaque ea 
gerens in conspectu populi, scissa veste tergum 
laceratum virgis ostendit, nihilum deprecans quin si 
quam suani noxam reus dicere posset, privatus 

9 iterum in se saeviret. Oppius quoque ductus in 
vincula est, et ante iudicii diem finem ibi vitae fecit. 
Bona Claudi Oppique tribuni publicavere. Collegae 
196 



BOOK III. LVIII. 4-9 

courage they had got back their liberty ; by showing 3.0.449 
mercy they had it in their power to establish 
harmony between the orders. 1 here were some 
whom he moved, more by his family-loyalty than 
by the cause of the man for whom he pleaded. But 
Verginius begged them rather to pity himself and 
his daughter, and to hearken, not to the entreaties 
of the Claudian family, whose province it was to 
tyrannize over the plebs, but instead to those of 
Virginia's relations, the three plebeian tribunes, 
who had been appointed to help the plebs but were 
themselves imploring the plebs to protect and comfort 
them. Men found more reason in his tears. And 
so Appius, cut off from hope, did not wait for the 
appointed day to come, but killed himself. 

Immediately thereafter Publius Numitorius caused 
the arrest of Spurius Oppius, who stood next in 
point of unpopularity, because he had been in the 
City when the unjust verdict was pronounced by 
his colleague. Yet a wrong which Oppius com- 
mitted was more responsible for men's bitterness 
towards him than the one which he failed to pre- 
vent. A witness was produced who, after enumer- 
ating his twenty-seven campaigns, during which he 
had eight times received special decorations, which 
he wore in full sight of the people, tore open his 
tunic and exhibited his back, scored by the rods, 
professing that if the defendant could name any 
crime of which he had been guilty, he would suffer 
him without complaining, private citi/en though he 
was, to vent his rage upon him a second time. 
Oppius too was led to prison, and before the day 
of trial he there put an end to his life. The 
property of Claudius and that of Oppius was con- 

197 



LIVY 



A.U.O. 



eorum exsilii causa solum verterunt ; bona publicata 

10 sunt. Et M. Claudius,, adsertor Verginiae, die dicta 
damnatus, ipso remittente Verginio ultimam poenam 

11 dimissus Tibur exsulatum abiit, manesque Verginiae, 
mortuae quam vivae felicioris, 1 per tot domos ad 
petendas poenas vagati nullo relicto sonte tandem 
quieverunt. 

LIX. Ingens metus incesserat patres, voltusque 
iam iidem 2 tribunorum erant qui decemvirorum 
fuerant, cum M. Duillius tribunus plebis inhibito 

2 salubriter modo nimiae potestati ie Et libertatis " 
inquit, " nostrae et poenarum ex inimicis satis est ; 
itaque hoc anno nee diem dici cuiquam nee in vincla 

3 duci quemquam sum passurus. Nam neque vetera 3 
peccata repeti iam oblitterata placet, cum 4 nova 
expiata sint decemvirorum suppliciis, et nihil ad- 
missum iri, quod vim tribuniciam desideret spondet 
perpetua consulum amborum in libertate vestra 

4 tuenda cura." Ea primum moderatio tribuni metum 
patribus dempsit, eademque auxit consulum invidiam, 
quod adeo toti plebis fuissent ut patrum salutis 
libertatisque prior plebeio magistratui quam patricio 
cura fuisset, et ante inimicos satietas poenarum 

1 felicioris Gidielmus 5- : feliciores n. 

2 iidem D^: idem j- : inde il : indies Rt indie D">L: 
iam die A. 

3 vetera Z*V : tira ( = vestra) 1. 

4 placet, cum j- (Rhenanus) : placet et cum Vurm. M : 
placet cum et fl : placet cum etiam 5-. 

198 



BOOK III. LVIII. 9~Lix. 4 

fiscated by the tribunes. Their colleagues in the 3.0.449 
decemvirate went into exile, and their possessions 
were forfeited. Marcus Claudius also, the claimant 
of Verginia, was cited and condemned, but at the 
instance of Verginius himself the extreme penalty 
was remitted ; and being allowed to depart, he went 
into exile at Tibur. And so the manes of Verginia, 
who was more fortunate after her death than she 
had been while alive, after ranging through so many 
houses in quest of vengeance, were finally at peace ; 
for no guilty man remained. 

LIX. A great fear had come over the patricians, 
and the bearing of the tribunes was now just what 
that of the decemvirs had been, when Marcus 
Duillius, a tribune of the plebs, placed a salutary 
check upon their excessive power. " Our own 
liberty," he declared, "and the exaction of penalties 
from our enemies have gone far enough ; I shall 
therefore this year allow no one to be arraigned or 
thrown into gaol. For on the one hand it is not 
good to rake up old offences, already blotted out 
of memory, now that recent crimes have been 
expiated by the punishment of the decemvirs ; and 
on the other hand we have a guarantee that no 
wrong will be attempted that could call for the 
intervention of tribunician authority, in view of the 
unceasing care both consuls take to protect your 
liberty." It was this moderation on the tribune's 
part which first relieved the patricians of their fear. 
It also increased their dislike of the consuls, since 
the latter had been so wholly devoted to the plebs 
that the safety and independence of the patricians 
had been dearer to a plebeian magistracy than to 
their own, and their opponents had grown sated 

199 



LIVY 

A.U.O. suarum cepisset quam obviam ituros licentiae eorum 

5 consules appareret. Multique erant qui mollius con- 

sultum dicerent, quod legum ab iis latarum patres 

auctores fuissent, neque erat dubium quin turbato 

rei publicae statu tempori succubuissent. 

LX. Consules rebus urbanis compositis fundatoque 
plebis statu in provincias diversi abiere. Valerius ad- 
versus coniunctos iam in Algido exercitus Aequorum 

2 Volscorumque sustinuit consilio bell um ; quod si 
extemplo rem fortunae commisisset, hand scio an, 
qui turn anirai ab decemvirorum infelicibus auspiciis 
Romanis hostibusque erant, magno detrimento cer- 

3 tameii staturum fuerit. Castris mille passuum ab 
hoste positis copias continebat. 1 Hostes medium 
inter bina castra spatium acie instructa complebant, 
provocantibusque ad proelium responsum Romanus 

4 nemo reddebat. Tandem fatigati stando ac nequi- 
quam exspectando certamen Aequi Volscique, post- 
quam concessum propemodum de victoria credebant, 
pars in Hernicos, pars in Latinos praedatum abeunt ; 
relinquitur magis castris praesidium quam satis 

6 virium ad certamen. Quod ubi consul sensit, red- 

dit inlatum antea terrorem instructaque acie ultro 

6 hostem lacessit. Ubi illi conscientia quid abesset 

1 coutinebat 2i*A 3 $- : continebant fl. 
200 



BOOK III. LIX. 4-LX. 6 

with punishing them before the consuls evinced any B.C. 449 
intention of opposing their licence. And there were 
many who said that the senate had shown a want 
of resolution in having voted for the measures pro- 
posed by the consuls ; and indeed there was no 
doubt that in the troubled state of public affairs 
they had yielded to the times. 

LX. The consuls, having set affairs in order in 
the City and established the position of the plebs, 
departed to their respective commands. Valerius, 
facing the armies of the Aequi and Volsci, which 
had already effected a junction on Mount Algidus, 
deliberately postponed engaging them ; had he 
risked an immediate decision, it is likely such 
was the difference in spirit between the Romans 
and the enemy, in consequence of the godless 
dealings of the decemvirs that the struggle would 
have cost him a severe defeat. He established his 
camp a mile from the enemy and kept his men 
within the works. The enemy repeatedly drew up 
their troops in fighting order on the ground between 
the camps, and challenged the Romans to come 
out and engage them ; but no one answered them. 
At length, weary with standing and waiting, to no 
purpose, for the battle, the Aequi and Volsci con- 
cluded that the Romans had virtually yielded them 
the victory ; and marched off to pillage, some against 
the Hernici, others against the Latins, leaving be- 
hind what was rather a garrison for the camp than 
a sufficient force for giving battle. On perceiving 
this the consul repaid the fear he had previously 
been made to feel, and forming a line of battle, 
himself provoked the enemy. Since they declined 
the combat, conscious of their want of strength, the 

201 



LIVY 

A.U.O. virium detractavere pugnam, crevit extemplo Ro- 
manis animus, et pro victis habebant paventes intra 

7 vallum. Cum per totum diem stetissent intenti 
ad certamen, nocti cessere. Et Romani quidem pleni 
spei corpora curabant : haudquaquam pari hostes 
animo nuntios passim trepidi ad revocandos prae- 
datores dimittunt. Recurritur ex proximis locis : 

8 ulteriores non inventi. Ubi inluxit, egreditur castris 
Romanus vallum invasurus ni copia pugnae fieret. 
Et postquam multa iam dies erat neque movebatur 
quicquam ab hoste, iubet signa inferri consul ; 
motaque acie indignatio Aequos et Volscos inces- 
sit, si victores exercitus vallum potius quam virtus 
et arma tegerent. Igitur et ipsi efflagitatum ab du- 

9 cibus signum pugnae accepere. lamque pars egres- 
sa portis erat, deincepsque alii servabant ordinem 
in suum quisque locum descendentes, cum consul 
Romanus, priusquam totis viribus fulta constaret 

10 hostium acies, intulit signa ; adortusque nee omnes 
dum eductos, nee qui erant, satis explicatis ordi- 
nibus, prope fluctuantem turbam trepidantium hue 
atque illuc circumspectantiumque se ac suos, addito 
turbatis mentibus clamore atque impetu invadit. 

1 1 Rettulere primo pedem hostes ; deinde, cum animos 
202 



BOOK III. LX. 6-1 1 

Romans felt an immediate access of courage, and B.C. 449 
regarded their opponents, cowering behind the 
palisade, as beaten men. After standing in line 
all day intent on fighting, the Romans withdrew at 
nightfall. And they, on their side, were full of 
hope, as they ate their evening meal ; but the 
enemy's spirits were by no means so high, and 
they sent out couriers far and wide, in great alarm, 
to recall the marauders. The nearest of these 
hastened back ; but those who were farther afield 
could not be found. As soon as it was light, the 

o y 

Romans sallied from their camp, intending to assault 
the rampart, unless the enemy gave battle. So, 
when the day was now far spent and the enemy 
made no move, the consul ordered an advance. 
The Roman line having got in motion, the Aequi 
and Volsci were ashamed that their victorious armies 
should depend for protection upon stockades, instead 
of valour and the sword. Accordingly they too 
demanded of their leaders, and received, the signal 
to attack. A part had already passed out through 
the gates and the rest were following in good order, 
each man coming out into his proper place ; when 
the Roman consul, not waiting till the enemy's line 
should be strongly posted in full force, advanced 
to the charge. The attack, which he delivered 
before their troops had all been brought out, and 
when those who had been were insufficiently de- 
ployed, found little more than a surging mob of men, 
who as they hurried this way and that cast anxious 
looks at one another and wished for their missing 
friends. The shouting and the fury of the onset 
increased their agitation, and at first they fell back ; 
then, when they had collected their wits and on 

203 



LIVY 

A.U.C. collejrissent et unclique duces victisne cessuri essent 

305 

increparent, restituitur pugna. 

LXI. Consul ex altera parte Romanes meminisse 
iubebat illo die primum liberos pro libera urbe 
Romana pugnare : sibimet ipsis victuros, non ut 

2 decemvirorum victores praemium essent. Non 
Appio duce rem geri, sed consule Valerio, ab li- 
beratoribus populi Roman! orto, liberatore ipso. 
Ostenderent prioribus proeliis per duces, non per 

3 milites stetisse ne vincerent ; turpe esse contra cives 
plus animi habuisse quam contra hostes, et domi 

4 quam foris servitutem magis timuisse. Unam Ver- 
giniam fuisse cuius pudicitiae in pace periculurn 
esset, unum Appium civem periculosae libidinis ; 
at si fortuna belli inclinet, omnium liberis ab tot 

6 milibus hostium periculurn fore; nolle ominari quae 
nee luppiter nee Mars pater passuri sint iis auspiciis 
conditae urbi accidere. Aventini Sacrique mentis 
admonebat, ut ubi libertas parta esset paucis ante 

6 mensibuSj eo imperium inlibatum referrent, osten- 
derentque eandem indolem militibus Romanis post 
exactos decemviros esse quae ante creates fuerit, 
nee aequatis legibus imminutam virtutem populi 

7 Romani esse. Haec ubi inter signa peditum dicta 
204 



BOOK III. LX. II-LXI. 7 

every side heard their officers wrathfully demanding B.C. 449 
if they meant to yield to troops whom they had 
beaten, they rallied and held their own. 

LXI. The consul, on the other side, bade the 
Romans remember that on that day they were for 
the first time fighting as free men for a free 
Rome. They would be conquering for themselves, 
not that they might become the spoil of decemvirs 
in the hour of victory. It was no Appius who was 
commanding them, but the consul Valerius, descen- 
dant of liberators of the Roman People, and himself 
their liberator. Let them show that in previous 
battles it had been the fault of the generals, not of 
the soldiers, that they had failed to win. It would 
be disgraceful to have shown more courage in facing 
their fellow citizens than in facing the enemy, and 
to have been more fearful of enslavement at home 
than abroad. No one's chastity but Virginia's had 
been in danger while they were at peace, no citizen 
but Appius had been possessed of a dangerous lust ; 
but if the fortune of war turned against them, the 
children of all of them would be in danger from all 
those thousands of enemies ; yet he would not utter 
an omen which neither Jupiter nor Mars their Father 
would suffer to come home to a City founded with 
such auspices. He reminded them of the Aventine 
and the Sacred Mount, that they might bring back 
an undiminished power to the spot where liberty had 
a few months before been won, and might show 
that the nature of Rome's soldiers was the same 
after the expulsion of the decemvirs that it had 
been before they were elected, and that equality 
before the law had not lessened the courage of the 
Roman People. Having pronounced these words 

205 



LIVY 

A.r.o. dedit, avolat deinde ad equites: "Agite, iuvenes" 

305 ^ & ' 

inquit, "praestate virtute peditem ut honore atque 

8 ordine praestatis. Primo concursu pedes movit 
hostem, pulsum vos immissis equis exigite e campo. 
Non sustinebunt impetum, et nunc cunctantur magis 

9 quam resistunt." Concitant equos permittuntque in 
hostem pedestri iam turbatum pugna et perruptis 
ordinibus elati ad novissimam aciem, pars libero 
spatio circumvecti iam fugam undique capessentes 
plerosque a castris avertunt praeterequitantesque 

10 absterrent. Peditum acies et consul ipse visque 
omnis belli fertur in castra, captisque cum ingenti 
caede maiore praeda potitur. 

11 Huius pugnae fama perlata non in urbem modo 
sed in Sabinos ad alterum exercitum, in urbe lae- 
titia 1 celebrata est, in castris animos militum ad 

12 aemulandum decus accendit. Iam Horatius eos 
excursionibus 2 proeliisque levibus 3 experiundo ad- 
suefecerat sibi potius fidere quam meminisse igno- 
miniae decemvirorum ductu acceptae, parvaque cer- 

13 tamina in summam totius profecerant spei. Nee 
cessabant Sabini, feroces ab re priore anno bene 
gesta, lacessere atque instare, rogitantes quid latro- 
cinii modo procursantes pauci recurrentesque tere- 

1 laetitia V \ laetitia modo n. 

2 excursionibns V\ excursionibus sufficiendo H: ex in- 
cursionibus sufficiendo fl. 

3 levibus Fj- : lenibus H : lenius PFUB. 

206 



BOOK III. LXI. 7-13 

amid the standards of the infantry, lie hastened to B.C. 419 
the cavalry. " Come, young men/' he cried, " surpass 
the foot-soldiers in daring as you do in honour and 
in rank ! At the first encounter the infantry have 
forced the enemy back ; now that they are repulsed, 
do you give rein to your horses and drive them from 
the field. They will not sustain the shock ; even 
now they are rather hesitating than resisting." 
Clapping spurs to their horses they charged the 
enemy, already disordered by the infantry-attack, 
and penetrating his lines, dashed through to the 
rear ; while another division made a detour over 
unoccupied ground, and finding the enemy every- 
where in flight turned most of them back from their 
camp and frightened them off by riding across their 
course. The infantry and the consul himself swept 
on into the camp in the full tide of battle, and took 
possession of it. The enemy's losses in men were 
great, but in booty were even greater. 

The report of this battle having been brought not 
only to Rome but also to the Sabine country and the 
other army, was celebrated in the City with rejoic- 
ings, and in the camp inspired the soldiers with a 
desire to emulate the glorious achievement. Horatius 
had already accustomed them, by practice in raids 
and skirmishes, to be self-reliant, instead of dwellinor 

* * O 

on the disgrace they had incurred under the leader- 
ship of the decemvirs ; and small engagements had 
encouraged the highest hopes of the general outcome. 
Nor were the Sabines backward emboldened as 
they were by their victory of the year before with 
challenges and threats. Why, they asked, did the 
Romans waste their time advancing swiftly in small 
companies, like brigands, and as hurriedly retreating ; 

207 



LIVY 

A.U.O. rent tempus et in multa proelia parvaque carperent 
14 summam unius belli ? Quin illi congrederentur acie 
inclinandamque semel fortunae rem darent ? 

LXII. Ad id quod sua sponte satis conlecturo 
animorum erat indignitate etiam Romani accende- 
bantur : iam alterum exercitum victorem in urbem 
rediturum, sibi ultro per contumelias hostem in- 
sultare ; quando autem se, si turn non sint, pares 

2 hostibus fore ? Ubi haec fremere militem in castris 
consul sensit, contione advocata "Quern ad modum" 
inquit, "in Algido res gesta sit, arbitror vos, milites, 
audisse. Qualem liberi populi exercitum decuit 
esse, talis fuit. Consilio 1 collegae, virtute militum 

3 victoria parta est. Quod ad me attinet, id consilii 
animique habiturus sum quod vos mihi feceritis. 2 
Et trahi bellum salubriter et mature perfici potest. 

4 Si trahendum est, ego ut in dies spes virtusque 
vestra crescat, eadem qua institui disciplina efficiam : 
si iam satis animi est decernique placet, agitedum 
clamorem qualem in acie sublaturi estis tollite hie 

indicem voluntatis virtutisque vestrae." Postquam 
ingenti alacritate clamor est sublatus, quod bene 
vertat gesturum se illis morem posteroque die in 
aciem deducturum adfirmat. Reliquum diei appa- 
randis armis consumptum est. 

1 consilio P*A 2 $-: Gy consulto H: consilio consul to ML : 
consul consilto P : consilto FB : consulto ii : . . . V. 

2 mihi feceritis Crevier: . . hi f . . eritis s V\ 

milites geritis Vorm MA 2 : tegeritis Hi mihi tegaritis fece- 
ritis 0: mihi tegeritis RL : mihi .... feceritis P: mihi 
effeceritis P*FUD*: michi .... geritis D. 

208 



BOOK III. LXI. 13-Lxn. 5 

thus dissipating in many little combats the issues of B.C. 449 
one pitched battle ? Why did they not attack in 
line and suffer fortune to decide the matter once for 
all? 

LXI I. Besides the fact that they had of them- 
selves accumulated a good store of confidence, the 
Romans were also kindled with indignation. The 
other army, they said, would presently be returning 
victorious to the City ; they themselves were actually 
being insulted and reviled by the enemy ; but when 
should they be a match for him, if they were not at 
that moment ? When the consul became aware how 
the soldiers were murmuring in the camp, he called 
them together. "Soldiers," said he, u you have 
heard, I suppose, how matters have gone on Algidus. 
The army has proved to be such as it was fitting that 
the army of a free people should be. By my col- 
league's strategy and the bravery of his men a 
victory has been won. As for me, my strategy and 
my courage will be what you make them yourselves. 
It is within our power either to prolong the war with 
advantage or to bring it to a speedy and successful 
end. If it is to be prolonged, I shall seek to in- 
crease your hopes and courage from day to day by 
the same course of training I have begun ; if your 
spirits are already high enough and you wish the 
war to be decided, come, give a shout here in the 
camp, to show your good-will and your courage, like 
the cheer you will raise in the battle ! " The shout 
was given with great alacrity, and the consul pro- 
mised, invoking good fortune on the enterprise, that 
he would do as they wished and lead them forth to 
battle on the morrow. The rest of the day they 
spent in making ready their arms. 

209 



LIVY 

A.U.O. 6 Postero die simul instrui Romanam aciem Sabini 

305 

videre et ipsl, iam pridern avidi certaminis, pro- 
cedant. Proelium fuit, quale inter fidentes sibimet 
ambo exercitus, veteris perpetuaeque alterum gloriae, 

7 alterum nuper nova victoria elatum. Consilio etiam 
Sabini vires adiuvere ; nam cum aequassent aciem, 
duo extra ordinem milia quae in sinistrum cornu 
Romanorum in ipso certamine impressionem facerent 

8 tenuere. Quae ubi inlatis ex transverse signis 
degravabant prope circumventum cornu, equites 
duarum legionum sescenti 1 fere ex equis desiliunt 
cedentibusque iam suis provolant in primum simul- 
que et hosti se opponunt et aequato primum peri- 
culo, pudore deinde animos peditum accendunt ; 

9 verecundiae erat equitem suo alienoque Marte 
pugnare, peditem ne ad pedes quidem degresso 
equiti parem esse. 

LXIII. Vadunt igitur in proelium ab sua parte 
omissum et locum ex quo cesserant repetuiit ; mo- 
mentoque non restituta modo pugna, sed inclinatur 
2 etiam Sabinis cornu. Eques inter ordines peditum 
tectus se ad equos recipit. Transvolat inde in 
partem alteram suis victoriae nuntius ; simul et in 

1 sescenti f : sescentis V\ ac (or ac or ac) i.e. DC Si. 
2IO 



BOOK III. LXII. 6-Lxm. 2 

Next day, as soon as the Sabines saw the Romans B.C. 448 
forming, they came out themselves, for they had 
long been eager to fight. It was a battle such as 
takes place when both armies are confident ; for the 
glory of the one was ancient and unbroken, and the 
other was exalted by its recent unaccustomed victory. 
Moreover the Sabines employed a stratagem to in- 
crease their strength ; for when they had marshalled 
a front of equal extent with the Roman, they held 
two thousand men in reserve to hurl against their 
opponent's left, as soon as the battle should be under 
way. These troops, attacking in flank, had almost 
encompassed that wing, and were beginning to over- 
power it ; when the cavalry of the two legions, 
numbering about six hundred, leaped down from 
their horses and rushed to the front, where their 
comrades were already giving ground. There they 
made a stand against the foe and at the same time 
roused the courage of the infantry, first by sharing 
the danger on equal terms, and then by causing 
them to feel ashamed. They felt humiliated that 
the cavalry should be fighting in their own fashion 
and in that of infantry too, and that the infantry 
should not be as good as the horsemen, even when 
these were dismounted. 

LXIII. They therefore renewed the battle which 
on their flank had been given up, and advanced again 
into the position from which they had retreated, 
and in a trice the fighting was not merely even, but 
the Sabine wing had begun to yield. The horsemen, 
under cover of the ranks of infantry, regained their 
mounts. Then they galloped across to the other 
wing, announcing the victory to their friends ; and 
at the same time they made a charge against the 

2IT 



LIVY 

AU.O. hostes iam pavidos, quippe fuso suae partis validiore 
cornu, impetum facit. Non aliorum eo proelio virtus 

3 magis enituit. Consul providere omnia, laudare 
fortis, increpare sicubi segnior pugna esset. Casti- 
gati fortium statim virorum opera edebant, tantum- 
que hos pudor quantum alios laudes excitabant. 

4 Redintegrate clamore undique omnes conisi hostem 
avertunt, nee deinde Romana vis sustineri potuit. 
Sabini fusi passim per agros castra hosti ad praedam 
relinquunt. Ibi non sociorum sicut in Algido res, 
sed suas Romanus populationibus agrorum amissas 
recipit. 

5 Gemina victoria duobus bifariam proeliis parta 
maligne senatus in unum diem supplicationes con- 
sulum nomine decrevit. Populus iniussu et altero 
die frequens iit supplicatum ; l et haec vaga popu- 
larisque supplicatio studiis prope celebratior fuit. 

6 Consules ex composito eodem biduo ad urbem acces- 
sere senatumque in Martium campum evocavere. 
Ubi cum de rebus ab se gestis agerent, questi 
primores patrum senatum inter milites dedita opera 

7 terroris causa haberi. Itaque iride consules, ne crimi- 
nation! locus esset, in prata Flaminia, ubi nunc aedes 
Apollinis est iam turn Apollinare appellabant, 

1 eupplicatum j- : supplicatumque est fl : supplicatumque 
eD. 

211 



BOOK III. LXIII. 2-7 

enemy, who were already panic-stricken, as they B.C. 449 
might well be when the stronger of their wings had 
been defeated. No other troops showed more con- 
spicuous courage in that battle. The consul looked 
out for every contingency, commended the brave, 
and upbraided any who fought listlessly. Being re- 
buked they would at once begin to acquit themselves 
like men, shame proving as powerful an incentive to 
them as praise to the others. With a fresh cheer all 
along the line the Romans made a concerted effort 
and drove the enemy back, and from that moment 
there was no resisting the violence of their onset. 
The Sabines tfed in confusion through the fields and 
left their camp to be plundered by their foes. There 
the Romans won back not the possessions of their 
allies, as on Algidus, but their own which had earlier 
been lost to them through the raids on their lands. 

Though a double victory had been gained in two 
separate battles, the senate was so mean as to decree 
thanksgivings in the name of the consuls for one 
day only. The people went unbidden on the second 
day also in great numbers, to offer up thanks to the 
gods; and this unorganized and popular supplication 
was attended with an enthusiasm which almost ex- 
ceeded that of the other. The consuls had arranged 
to approach the City within a day of one another, and 
summoned the senate out into the Campus Martius. 
While they were there holding forth on the subject 
of their victories, complaints were made by leading 
senators that the senate was being held in the 
midst of the army on purpose to inspire fear. And 
so the consuls, to allow no room for the accusation, 
adjourned the senate from that place to the 
Flaminian Meadows, where the temple of Apollo 

213 

VOL. II. H 



L1VY 

A.U.C. 8 avocavere senatum. LJbi cum ingenti consensu 
patrum negaretur triumphus, L. Icilius tribunus 
plebis tulit ad populum de triumpho consulum 
9 multis dissuasurn prodeuntibus, maxime C. Claudio 
vociferante de patribus, non de hostibus consules 
triumphare velle, gratiamque pro private merito in 
tribunum, non pro virtute honorem peti. Numquam 
ante de triumpho per ])opulum actum ; semper aesti- 
mationem arbitriumque eius honoris penes senatum 

10 fuisse ; ne reges quidem maiestatem summi ordinis 
imminuisse ; ne ita omnia tribuni potestatis suae 
implerent, ut nullum publicum consilium sinerent 
esse ; ita demum liberam civitatem fore, ita aequatas 
leges, si sua quisque iura ordo, suam maiestatem 

11 teneat. In eandem sententiam multa et a ceteris 
senioribus patrum cum essent dicta, omnes tribus 
earn rogationem acceperunt. Turn primum sine 
auctoritate senatus populi iussu triumphatum est. 

LXIV. Haec victoria tribunorum plebisque prope 
in baud salubrem luxuriam vertit conspiratione inter 
tribunes facta ut iidem tribuni reficerentur, et quo 
sua minus cupiditas emineret, consules quoque con- 

2 tinuarent magistratum. Consensum patrum causa- 
bantur, quo per contumeliam consulum iura tri- 

3 bunorum plebis labefactata 1 essent. Quid futurum 

1 labefactata DA 3 $- : labe factata A: labefacta turn V : 
labefactor F ': labefacta (lebe- L') n. 

1 It was not the last time, however (cf. vn. xvii. 9). 
Sometimes the consul triumphed without the authorization 
of either senate or plebs (x. xxxvii. 8), in which case the 
ceremony took place on the Alban Mount ; sometimes by 
virtue of a plebiscite confirmed by resolution of the senate 
(iv. xx. 1). But unless granted by the senate the triumph 
was paid for by the victorious consul, instead of by the state. 

214 



BOOK III. LXIII. 7-Lxiv. 3 

is now, and which was called even then Apollo's B.C. 449 
Precinct. When the Fathers, meeting there, re- 
fused with great unanimity to grant a triumph, 
Lucius Icilius the plebeian tribune laid the issue 
before the people. Many came forward to dissuade 
them, and Gains Claudius was particularly vehement. 
It was a triumph, he said, over the patricians, not 
Rome's enemies, which the consuls desired ; they 
were seeking a favour in return for personal services 
they had done the tribune, not an honour in re- 
quital of valour. Never before had a triumph been 
voted by the people ; the decision whether this 
honour had been deserved had always rested with 
the senate ; not even the kings had infringed the 
majesty of the highest order in the state ; let not 
the tribunes so dominate all things as not to suffer 
the existence of any public council ; if each order 
retained its own rights and its own dignity, then, 
and only then, would the state be free and the laws 
equal for all. After many speeches had been made 
to the same purpose by the other older members of 
the senate, all the tribes voted in favour of the 
motion. Then, for the first time, a triumph which 
lacked the authorization of the senate was cele- 
brated at the bidding of the people. 1 

LXIV. This victory of the tribunes and the 
commons had nearly resulted in a dangerous abuse ; 
for the tribunes conspired together to obtain their 
re-election, and, that their own ambition might be 
less conspicuous, to procure as well the return to 
office of the consuls. Their pretext was the solid- 
arity of the patricians, which had operated, by 
injurious treatment of the consuls, to break down 
the authority of the tribunes of the plebs. What 

215 



LIVY 

A.U.C. nondum firmatis legibus, si novos tribunos per 
factionis suae * consules adorti essent ? Non enim 
semper Valerios Horatiosque consules fore, qui liber- 

4 tati plebis suas opes postferrent. Forte quadam 
utili ad tempus ut comitiis praeesset potissimum 
M. Duillio sorte evenit, viro prudenti et ex continua- 
tione magistrates invidiam imminentem cernenti. 

5 Qui cum ex veteribus tribunis negaret se ullius 
rationem habiturum, pugnarentque collegae ut 
liberas tribus in suffragium mitteret aut concederet 
sortem comitiorum collegis, habituris e lege potius 

6 comitia quam ex voluntate patrum, iniecta conten- 
tione Duillius consules ad subsellia accitos cum 
interrogasset quid de comitiis consularibus in 
ammo haberent, respondissentque se novos con- 
sules creatures, auctores populares sententiae baud 
popularis 2 nactus in contionem cum iis processit. 

7 Ubi cum consules producti ad populum inter- 
rogatique, si eos populus Romanus, memor libertatis 
per illos receptae domi, memor militiae rerum 3 
gestarum, consules iterum faceret, quidnam facturi 

8 essent, nilril sententiae suae mutassent, conlaudatis 
consulibus quod perseverarent ad ultimum dissimiles 
decemvirorum esse, comitia habuit ; et quinque 
tribunis plebi creatis cum prae studiis aperte peten- 

1 factionis suae Madvig Ml : factionis sua V \ factiones 
suas n. 

2 populares sententiae hand popularis Stroth : popularis 
sententiae baud popularis 5- : popularis sententiae haud popu- 
lari V : popularis sententiae baud populares n (but for haud 
F has auc, II L aut). 

3 militiae rerum lac. Gronovius: militiae quae rerum V ; 
militiae rerumque fl. 

216 



BOOK III. LXIV. 3-8 

would happen if, ere the laws were firmly estab- B.C. 449 
lished, the new tribunes should be assailed through 
the agency of consuls belonging to the patricians' 
own party ? For there would not always be consuls 
like Valerius and Horatius, who preferred the liberty 
of the plebs to their own interests. By a fortunate 
chance in this emergency the superintendence of 
the elections fell by lot to none other than Marcus 
Duillius, a far-seeing man who perceived that the 
re-election of the magistrates would be fraught 
with odium. But when he asserted that he would 
not consider the candidacy of any of the former 
tribunes, his colleagues vehemently insisted that 
he should receive the suffrages of the tribes without 
restriction, or else resign the presidency of the 
election to his fellow-tribunes, who would conduct 
the voting in accordance with the law rather than 
the desires of the patricians. A controversy having 
thus arisen, Duillius summoned the consuls before 
the benches of the tribunes and asked them what 
course they meant to pursue in the consular elec- 
tions ; and finding, by their replying that they 
should have new consuls chosen, that he had got 
in them popular supporters of his unpopular policy, 
he went with them before the assembly. When 
the consuls, on being there brought forth to the 
people and asked what they would do if the Roman 
People, mindful of their help in the recovery of 
liberty at home and remembering their military 
successes, should again elect them to office, declined 
to alter their determination, Duillius first praised 
the consuls for persisting to the end in their 
unlikeness to the decemvirs, and then held the 
election. And after five tribunes had been chosen 

217 



LIVY 

A.U.O. tium novem tribunoruin alii candidati tribus non 

O rt- 

explerent, concilium dimisit nee deinde comitiorum 

9 causa habuit. Satisfactuin legi aiebat, quae numero 

iiusquam praefinito tribuni modo ut relinquerentur 

sanciret, et ab iis qui creati essent cooptari collegas 

10 iuberet ; recitabatque rogationis carmen, in quo sic 
erat: x "Si tribunes plebei decem rogabo ; si qui vos 
minus hodie decem tribunes plebei feceritis, 2 turn ut 
ii 3 quos hi sibi collegas cooptassint 4 legitimi eadem 
lege tribuni plebei sint ut illi quos hodie tribunes 

11 plebei feceritis. 3 ' Duillius cum ad ultimum per- 
severasset iiegando quindecim tribunes plebei rem 
publicam habere posse, victa collegarum cupiditate 
pariter patribus plebeique acceptus magistratu abiit. 

A.U.C. LXV. Novi tribuni plebis in cooptandis collegis 

306-307 

patrum voluntatem foverunt ; duos etiam patricios 
consularesque, Sp. Tarpeium et A. Aternium, 5 co- 

2 optavere. Consules creati Sp. Herminius T. Verginius 
Caelimontanus., nihil magnopere ad patrum aut plebis 

3 causam inclinati, otium domi ac foris habuere. L. 

1 sic erat : " Si Foster : sic erat H. J. Mueller : sic esset : " Si 
Conway and Walters : est Madvig : si n. 

2 feceritia Vt : fecerint iis (or his or ii or ut or hi) n. 

3 turn ut ii JVeissenborn : turn uti n. 

* cooptassint Rhenanus : cooptassent V : cooptassent ut 
illi H : coaptassent ut illi U. 

5 A. Aternium D 1 Alschefski (chap. xxxi. 5) : a. aeternum 
ft: a. aethernium U: a. aeternum H: a. eternium BD Z A. 

1 More accurately "fourteen, "si nee the reference is to the 
five whose election Duillius recognized, together with the 
nine incumbents who claimed re-election. 

218 



BOOK III. LXIV. 8-Lxv. 3 

and no other candidates obtained a majority of the B.C. 449 
tribes, on account of the eagerness with which the 
nine incumbents openly sought re-election, he dis- 
missed the assembly, nor did he afterwards convene 
it for an election. He declared that the law had 
been satisfied, which, without anywhere prescribing 
the number, provided only that the tribunate should 
not be left vacant ; and directed that those who had 
been elected should co-opt colleagues. He recited 
too the formula of the announcement, in which the 
following words occurred : "If I shall call for your 
suffrages for ten tribunes of the plebs ; if for any 
reason you shall elect to-day less than ten tribunes 
of the plebs, then let those whom the elected 
tribunes co-opt as their colleagues be as legally 
tribunes of the plebs as those whom you shall this 
day have chosen to that office." Having persevered 
to the end in denying that the state could have 
fifteen plebeian tribunes, 1 and having defeated the 
cupidity of his colleagues, Duillius laid down his 
magistracy, approved by patricians and plebs alike. 

LXV. The new tribunes of the plebs consulted B.C. 
the wishes of the nobles in the co-optation of col- 
leagues ; they even chose two who were patricians 
and ex-consuls, Spurius Tarpeius and Aulus Aternius. 2 
The new consuls, Spurius Herminius and Titus 
Verginius Caelimontanus, being specially devoted 
neither to the cause of the patricians nor to that 
of the plebs, enjoyed a peaceful year both at home 

2 The lex sacrata (n. xxxiii. 1) denied patricians access to 
the tribunate, but apparently there was at this time a dis- 
position to wink at their co-optation. Tarpeius and Aternius 
had been consuls in 454 B.C. 

219 



LIVY 

806-307 Trebonius tribunus plebis, infestus patribus quod se 
ab iis 1 in cooptandis tribunis fraude captum pro- 
ditumque a collegis aiebat, rogationem tulit ut qui 

4 plebem Romanam tribunes plebi rogaret, is usque eo 
rogaret dum decem tribunes plebi faceret ; insec- 
tandisque patribus, unde Aspero etiam inditum est 
cognomen, tribunatum gessit. 

5 Inde M. Geganius Macerinus 2 et C. lulius con- 
sules facti contentiones tribunorum adversus nobilium 
iuventutem ortas sine insectatione potestatis eitis 

6 conservata maiestate patrum sedavere. Plebem 
decreto ad bellum Volscorum et Aequorum dilectu 
sustinendo rem ab seditionibus continuere, urbano 
otio foris quoque omnia tranquilla esse adfirmantes, 

7 per discordias civiles externos tollere animos. Cura 
pacis concordiae quoque intestinae causa fuit. Sed 
alter semper ordo gravis alterius modestiae erat ; 
quiescenti plebi ab iunioribus patrum iniuriae fieri 

8 coeptae. Ubi tribuni auxilio humilioribus essent, 
in primis parum proderat; deinde ne ipsi quidem 
inviolati erant, utique postremis mensihus, cum et 
per coitiones potentiorum iniuria fieret et vis potes- 
tatis omnis aliquanto posteriore anni parte languidior 

9 ferme esset. lamque plebs ita in tribunatu ponere 

1 ab iis Vt : ab hiis A : ab his ft. 

2 Macerinus 8i<!onins (iv. viii. 1 ; IV. xvii. 7) : macrinus 
UO : m. acrinus MPFB: m. agrinus HRDLA. 



When t-Uey co-opted palriciaus. 
22O 



BOOK III. LXV. 3-9 

and abroad. Lucius Trebonius, a tribune of the com- B.C. 
mons, being angry with the patricians, because, as 
he said, he had been defrauded by them in the 
co-optation of the tribunes and had been betrayed 
by his colleagues, 1 proposed a law that he who called 
upon the Roman plebs to elect tribunes should con- 
tinue to call upon them until he should effect the 
election of ten ; and he so baited the nobles during 
his year of office as even to gain the surname of 
Asper, or "the Truculent." 

Next, Marcus Geganius Macerinus and Gaius 
Julius became consuls, and assuaged the strife of 
the tribunes with the young nobles, without censur- 
ing those magistrates or sacrificing the dignity of 
the patricians. They withheld the plebs from sedi- 
tion by suspending a levy which had been decreed 
with a view to making war on the Volsci and the 
Aequi, averring that so long as the City was quiet 
their foreign relations were likewise entirely peace- 
ful ; that it was discord in Rome which made other 
nations take heart. The pains they were at to 
maintain peace were also productive of internal 
harmony. But the one order was always taking 
advantage of the moderation of the other ; the 
plebs were tranquil, but the younger patricians 
began to insult them. When the tribunes attempted 
to assist the lowly, at first their services were of 
little effect ; and later they did not even escape 
violence themselves, especially in the last months 
of their term, since not only were wrongs com- 
mitted through cabals of the more powerful, but 
the effectiveness of every magistrate rather lan- 
guished, as a rule, in the latter part of the year. 
By this time the plebs had ceased to count upon 

221 



LIVY 

A.U.O. aliquid spei, si similes Icilio tribunes haberet : nomina 

S06-S07 

10 tantum se biennio habuisse. Seniores contra patrum, 
ut nimis feroces suos credere iuvenes esse, ita malle, 
si modus excedendus esset, suis quam adversariis 

11 superesse animos. Adeo moderatio tuendae liber- 
tatis, dum aequari velle simulando ita se quisque 
extollit ut deprimat aliurn, in difficili est, cavendoque 
ne metuant, homines metuendos ultro se efficiunt, et 
iriiuriam a nobis repulsam, tamquam aut facere aut 
pati necesse sit, iniungimus aliis. 

ATJOt LXVI. T. Quinctius Capitolinus quartum et 

SOS ' 

Agrippa Furius consules inde facti nee seditionem 
domi nee foris bellum acceperunt ; sed imminebat 

2 utrumque. lam non ultra l discordia civium reprimi 
poterat et tribunis et plebe incitata in patres, cum 
dies alicui nobilium dicta novis semper certaminibus 

3 contiones turbaret. Ad quarum primum strepitum 
velut signo accepto arma cepere Aequi ac Volsci, 
simul quod persuaserant iis duces, cupidi praedarum, 
biennio ante dilectum indictum haberi non potuisse 
abnuente iam plebe imperium ; eo adversus se non 

4 esse 2 missos exercitus. Dissolvi licentia militandi 

1 non ultra n : nee ultra V, 

2 esse n : nosse V. 

222 



BOOK III. LXV. 9-Lxvi. 4 

the tribunate, unless they could have tribunes like B.C. 
Icilius; for two years they had had mere names. 
The elder patricians, for their part, though they 
thought their young men too headstrong, yet 
preferred, if moderation must be left behind, that 
the excess of spirits should be on their side rather 
than with their adversaries. So difficult is it to be 
moderate in the defence of liberty, since everyone, 
while pretending to seek fair-play, so raises him- 
self as to press another down ; while insuring them- 
selves against fear, men actually render themselves 
fearful to others ; and having defended ourselves 
from an injury, we proceed as though it were 
necessary either to do or suffer wrong to inflict 
injury upon our neighbour. 

LXVI. Titus Quinctius Capitolinus (for the fourth B.C. 448 
time) and Agrippa Furius were then made consuls. 
They experienced neither domestic sedition nor 
foreign war, but were threatened with both. The 
strife between citizens could now no longer be 
repressed, since tribunes and plebs alike were in- 
flamed against the patricians, and the trial of one 
or another of the nobles was continually embroiling 
the assemblies in new quarrels. At the first dis- 
turbance in these meetings the Aequi and Volsci 
took up arms, as though they had received a signal, 
and also because their leaders, being eager for 
plunder, had convinced them that the Romans had 
found it impossible, the year before, to carry out 
the levy which they had proclaimed, since the plebs 
were no longer amenable to authority ; and that 
this had been the reason why armies were not 
dispatched against themselves. Lawlessness was 
breaking down their martial traditions, nor was 

223 



LIVY 

A.D.O. morem, nee pro communi iam patria Romam esse. 
Quidquid irarum simultatiumque cum externis fuerit 
in ipsos verti. Occaecatos lupos intestina rabie 

5 opprimendi occasionem esse. Coniunctis exercitibus 
Latinum primum agrum perpopulati sunt; deinde 
postquam ibi nemo vindex occurrebat, turn vero 
exsultantibus belli auctoribus ad moenia ipsa Rornae 
populabundi regione portae Esquilinae accessere 
vastationem agrorum per contumeliam urbi osten- 

6 tantes. Unde postquam inulti praedam prae se 
agentes retro ad Corbionem agmine iere, Quinctius 
consul ad contionem populum vocavit. 

LXVII. Ibi in hanc sententiam locutum accipio : 
" Etsi mihi nullius noxae conscius, Quirites, sum, 
tamen cum pudore summo in contionem in con- 
spectum vestrum l processi. Hoc vos .scire, hoc 
posteris memoriae traditum iri, Aequos et Volscos, 
vix Hernicis modo pares, T. Quinctio quartum con- 
sule ad moenia urbis Romae impune armatos venisse ! 

2 Hanc ego ignominiam, quamquam iam diu ita vivitur 
ut 2 nihil boni divinet animus, si huic potisshnum 
imminere anno scissem, vel exsilio vel morte, si alia 

3 fuga honoris non esset, vitassem. Ergo si viri arma 
ilia habuissent quae in portis fuere nostris, capi Roma 
me consule potuit. Satis honorum, satis superque 

1 in contionem in eonspectum vestrum Walters : in con- 
tionem (or cone-) vestram n : in conspectum ves . . . m V. 

2 vivitur ut Karsten : uiuitur is status rerum est ut (cf. note 
of Comcay and Walters) n. 

1 Alluding to the wolf that ruckled Romulus and Remus. 
224 



BOOK III. LXVI. 4-Lxvn. 3 

Rome any longer a united nation ; all the hostility B.C. 446 
and quarrelsomeness they had formerly entertained 
towards other nations was now being turned against 
themselves ; the wolves 1 were blinded with mad 
rage at one another, and there was now an oppor- 
tunity to destroy them. Combining their armies, 
they first desolated the country of the Latins, 
and then, when it appeared that there was no 
one in that region to punish them, they carried 
their marauding, amidst the triumphant rejoicings 
of the advocates of war, to the very walls of Rome, 
in the direction of the Esquiline Gate, where they 
insolently exhibited to the inhabitants of the City 
the devastation of their lands. After they had 
withdrawn unmolested, and driving their booty 
before them had marched to Corbio, the consul 
Quinctius summoned the people to an assembly. 

LXVII. There he spoke, as I understand, to the 
following effect : " Although I am conscious, Quirites, 
of no wrong-doing, nevertheless it is with great 
shame that I have come to this assembly to confront 
you. To think that you know, to think that future 
generations will be told, that the Aequi and the 
Volsci, but now scarce a match for the Hernici, have 
in the fourth consulship of Titus Quinctius approached 
the walls of the City of Rome with impunity, and 
armed ! We have now for a long time been living 
under such conditions that my mind could foresee 
nothing good ; yet had I known that such a disgrace 
was in store for this year, of all others, I should have 
shunned it even at the cost of exile or of death, in 
default of other means of escaping office. So ! Had 
they been men whose swords were there at our gates, 
Rome might have been captured in my consulship ! 

225 



LIVY 

A.U.O. 4 vitae erat ; mori consulem tertium oportuit. Quern 

308 

tandem ignavissimi hostium contempsere? Nos con- 
sules an vos, Quirites ? Si culpa in nobis est, auferte 
imperium indignis, et si id parum est, insuper poenas 

5 expetite : si in vobis, nemo deorum nee hominum 
sit qui vestra puniat peccata, Quirites : vosmet tan- 
turn eorum paeniteat. Non illi vestram ignaviam 
contempsere nee suae virtuti confisi sunt ; quippe 
totiens fusi fugatique, castris exuti, agro multati, sub 

6 iugum missi et se et vos novere : discordia ordinum 
et l venenum urbis huius, patrum ac plebis certa- 
mina, dum nee nobis imperii nee vobis libertatis 
est modus, dum taedet vos patriciorum, nos 2 plebei- 

7 orum magistratuum, sustulere illis 3 animos. Pro 
deum fidem quid vobis voltis ? Tribunes plebis con- 
cupistis ; eoncordiae causa concessimus. Decemviros 
desiderastis ; creari passi sumus. Decemvirorum vos 

8 pertaesum est ; coegimus abire magistratu. Manente 
in eosdem privates ira vestra mori atque exsulare 
nobilissimos viros honoratissimosque passi sumus. 

9 Tribunes plebis creare iterum voluistis ; creastis ; 
consules facere vestrarum partium ; etsi patribus 
videbamus iniquum, patricium quoque magistratum 
plebi donum fieri vidimus. 4 Auxilium tribunicium, 

1 et Mndrig VD1 : est n. 2 nos Gruter V : hos n. 

3 illis Clericus : illi n. 

4 vidimus Welz : quidem n : quid . . V. 

226 



BOOK III. LXVII. 3-9 

I had enjoyed honours enough, I had had enough, n.r 446 
and more than enough, of life ; death should have 
come to me in my third consulship. For whom, pray, 
did the most dastardly of our enemies feel such con- 
tempt? For us, the consuls, or for you, Quirites ? 
If the fault is ours, deprive us of authority we do not 
merit ; and if that is not enough, then punish us 
to boot : if yours, may neither god nor man seek 
to punish your sins, Quirites ; only may you your- 
selves repent of them ! It was not cowardice in you 
that they despised, nor was it their own courage in 
which they put their trust ; in truth they have been 
too often beaten and routed, despoiled of their 
camps, stripped of their lands, and sent under the 
yoke, not to know both themselves and you : it was 
the discord betwixt the classes, and the quarrels 
poison of this City between the patricians and the 
plebs that roused their hopes, as they beheld our 
greed for power and yours for liberty ; your disgust 
at the patrician magistracies and ours at the plebeian. 
In Heaven's name what would you have ? You con- 
ceived a longing for tribunes of the plebs ; for the 
sake of harmony we granted them. You desired 
decemvirs ; we allowed them to be elected. You 
grew exceedingly weary of the decemvirs ; we com- 
pelled them to abdicate. When your resentment 
against them persisted in their retirement to private 
life, we permitted men of the highest birth and the 
most distinguished careers to suffer death and exile. 
Again you desired to choose tribunes of the plebs, 
and chose them ; to appoint consuls of your own 
faction, and though we saw that this was unfair to 
the patricians, we beheld even the patrician magis- 
tracy presented to the plebs. That you should 

227 



LIVY 

A.IT.O. provoeationem ad populum, scita plebis iniuncta 
patribus, sub titulo aequandarum legum nostra iura 

10 oppressa tulimus et ferimus. Qui finis erit discordi- 
arum ? Ecquando 1 unam urbem habere, ecquando 
communem hanc esse patriam licebit ? Victi nos 

1 1 aequiore animo quiescimus quam vos victores. Satisne 
est nobis vos metuendos esse ? Adversus nos Aven- 
tinum capitur, adversus nos Sacer occupatur mons ; 
Esquilias vidimus ab hoste prope captas, et scan- 
dentem in aggerem Volscum. Hostem 2 nemo 
submovit : in nos viri, in nos armati estis. 

LXVIII. " Agitedum, ubi hie curiam circumsede- 
ritis et forum infestum feceritis et carcerem imple- 
veritis principibus, iisdem istis ferocibus animis 

2 egredimini extra portam Esquilinam, aut si ne hoc 
quidem audetis, ex muris visite agros vestros ferro 
ignique vastatos, praedam abigi, fumare incensa 

3 passim tecta. At enim communis res per haec loco 
est peiore ; ager uritur, urbs obsidetur, belli gloria 
penes hostes est. Quid tandem ? Privatae res 
vestrae quo statu sunt? lam unicuique ex agris 

4 sua damna nuntiabuntur. Quid est tandem domi 

1 ecquando 5- : et quando n (so also at the second occurrence 
of thr expression, but there V has ecquando). 

2 Volscum. Hostem Madvigs punctuation. 

228 



BOOK III. LXVII. 9-LXVin. 4 

enjoy the support of tribunes and the right of appeal B - c - 
to the people ; that the decrees of the plebs should 
be made binding upon the patricians ; that on the 
pretext of equalizing the laws our rights should be 
trodden under foot all this we have endured and 
are now enduring. What end will there be to our 
dissensions? Will a time ever come when we can 
have a united City ? Will a time ever come when 
this can be our common country ? We, the beaten 
party, accept the situation with more equanimity 
than do you, the victors. Is it not enough that we 
must fear you ? It was against us that the Aventine 
was taken ; against us that the Sacred Mount was 
occupied ; we have seen the Esquiline almost cap- 
tured by the enemy, and the Volscian mounting our 
ram} art. The enemy found none to drive him back ; 
against us you show your manhood ; against us you 
have drawn the sword. 

LXVIII. " Come now, when you have laid siege 

*" c? 

to the senate-house here, and rendered the Forum 
unsafe, and filled the gaol with our leading men, 
go out in that same valorous spirit beyond the 
Esquiline Gate ; or if your courage is not equal 
even to that, behold from the walls how your fields 
have been laid waste with fire and sword, how your 
cattle are being driven off, while far and wide 
the smoke is rising from burning buildings. ' But,' 
you may say, ' it is the community that suffers by 
these things : the fields are burned ; the City is 
besieged; the glory of the war rests with the 
enemy.' How now ? In what plight are your private 
interests? Every man of you will presently be 
getting from the country a report of his personal 
losses. Pray what resources do you command for 

229 



LIVY 

A " c unde ea expleatis? Tribuni vobis amissa reddent 
ac restituent? Vocis verborumque quantum voletis 
ingerent et criminum in principes et legum aliarum 
super alias et contionum ; sed ex illis contionibus 
nunquam vestrum quisquam re, fortuna domum 
6 auctior rediit. Ecquis rettulit aliquid ad coniugem 
ac liberos praeter odia offensiones simultates publicas 
privatasque ? A quibus semper non vestra virtute 

6 innocentiaque, sed auxilio alieiio tuti sitis. At her- 
cules cum stipendia nobls consulibus, non tribunis 
ducibus, et in castris, non in foro faciebatis, et in 
acie vestrum clamorem hostes, non in contione patres 
Romani horrebant, praeda parta, agro ex hoste 
capto, pleni fortunarum gloriaeque simul publicae 
simul privatae triumphantes domum ad penates 
redibatis : nunc oneratum vestris fortunis hostem 

7 abire sinitis. Haerete adfixi contionibus et in foro 
vivite : sequetur 1 vos necessitas militandi quam 
fugitis. Grave erat in Aequos et Volscos proficisci : 
ante portas est bellum. Si inde non pellitur, iam 
intra moenia erit et arcem et Capitolium scandet et 

8 in domos vestras vos persequetur. Biennio ante 
senatus dilectum haberi et educi exercitum in 
Algidum iussit : sedemus desides domi mulierum 
ritu inter nos altercantes, praesenti pace laeti nee 

1 sequetur V ': sequitur n. 
230 



BOOK III. LXVIII. 4-8 

supplying the want of these tilings ? Shall the B.C. 446 
tribunes restore and make good to you your losses ? 
Resounding words they will pour forth to your 
hearts' content, and accusations against prominent 
men, and laws one after another, and assemblies ; 
but from those assemblies there was never one of 
you returned home the better off in circumstances or 
in fortune. Has ever one of you carried aught back 
to wife and children but animosities, complaints, and 
quarrels, both public and private ? from which you 
always fly for refuge, not to your own bravery and 
innocence, but to the help of others. But, by Her- 
cules ! when you used to serve under us, the consuls, 

J ' 

instead of under tribunes, and in camp instead of in 
the Forum ; when your shout was raised in the battle- 
line, not the assembly, and caused not the Roman 
nobles but the enemy to shudder ; in those days, 
I say, you w r ere wont to capture booty, to strip the 
enemy of his lands, and crowned with success and 
glory for the state no less than for yourselves to 
return in triumph to your homes and your household 
gods ; now you suffer the foe to load himself w r ith 
your riches and depart. Hold fast to your assemblies 
and live your lives in the Forum ; you shall still be 
pursued by the necessity of that service which you 
seek to evade. It was hard to march against the 
Aequi and Volsci ; the war is before your gates. If 
it is not driven back, it will soon be within the walls 
and will scale Citadel and Capitol and pursue you into 
your homes. Last year the senate commanded that 
an army should be levied and led out to Algidus : 
we are still sitting idly at home, scolding each other 
like so many women, rejoicing in the temporary 
peace, and not perceiving that we shall soon be 

231 



LIVY 

A.U.C. cernentes ex otio illo brevi multiplex bellum reditu- 

308 

9 rum. His ego gratiora dictu alia esse scio ; sed me 
vera pro gratis loqui, etsi meum ingenium non 
moneret, necessitas cogit. Vellem equidem vobis 
placere, Quirites ; sed multo malo vos salvos esse, 

10 qualicumque erga me animo futuri estis. Natura 
hoc ita comparatum est ut qui apud multitudinem 
sua causa loquitur gratior eo sit cuius mens nihil 
praeter publicum commodum videt ; nisi forte adsen- 
tatores publicos, plebicolas istos, qui vos nee in 
armis nee in otio esse sinunt, vestra vos causa incitare 

11 et stimulare putatis. Concitati aut honori ant 
quaestui illis estis, et quia in concordia ordinum 
nullos se usquam esse vident, malae rei se quam 

12 nullius duces l esse voluiit. Quarum rerum si vos 
taedium tandem capere potest et patrum vestrosque 
antiques mores voltis pro his novis sumere, nulla 

13 supplicia recuso, nisi paucis diebus hos populatores 
agrorum nostrorum fusos fugatosque castris exuero 
et a portis nostris moenibusque ad illorum urbes 
hunc belli terrorem quo nunc vos attoniti estis 
transtulero." 

LXIX. Raro alias tribuni popularis oratio acceptior 

2 plebi quam tune severissimi consulis fuit. luventus 

quoque, quae inter tales metus detractationem 

militiae telum acerrimum adversus patres habere 

1 duces Karsten : turbarum ac seditionum duces fl. 
232 



BOOK III. LXV1II. 8-LXIX. 2 

paying for this brief repose with a war many times B.O. 446 
as great. 1 know that there are other things more 
pleasant to hear ; but even if my character did not 
prompt me to say what is true in preference to what 
is agreeable, necessity compels me. I could wish to 
give you pleasure, Quirites, but I had far sooner you 
should be saved, no matter what your feeling towards 
me is going to be. It has been ordained by nature 
that he who addresses a crowd for his own selfish 
ends should be more acceptable to it than he whose 
mind regards nothing but the general welfare ; unless 
perhaps you suppose that it is for your sakes that 
the public flatterers I mean your courtiers of the 
plebs, who will suffer you neither to be at war nor to 
keep the peace are exciting you and urging you 
on. Once thoroughly aroused you are a source of 
political advancement or of profit to them ; and 
because they see that so long as the orders are 
harmonious they themselves count for nothing 
anywhere, they had rather lead an evil cause 
than none. If you are capable at last of feeling 
a disgust for these things, and are willing to resume 
your fathers' and your own old-fashioned manners, 
in place of these new-fangled ones, I give you leave 
to punish me as you like, if within a few days I have 
not defeated and routed these devastators of our 
fields, stripped them of their camp, and shifted this 
alarm of war which now dismays you from our gates 
and walls to the cities of our enemies." 

LXIX. Rarely has the speech of a popular tribune 
been more agreeable to the plebs than was at that 
time this speech by the sternest of consuls. Even 
the young men, who amid such alarms were wont 
to regard a refusal to enlist as their sharpest weapon 

233 



LIVY 

.n.r. solita erat, arma et bell um snectabat. Et affrestium 

308 

fuga spoliatique in agris et volnerati, foediora iis 
quae subiciebantur oculis nuntiantes, totam urbem 

3 ira implevere. In senatum ubi ventum est, ibi vero 
in Quinctium omnes versi ut unum vindicem maies- 
tatis Romanae intueri, et primores patrum dignam 
dicere contionem imperio consular!, dignam tot 
consulatibus ante actis, dignam vita omni, plena 1 

4 honorum saepe gestorum, saepius meritorum. Alios 
consules aut per proditionem dignitatis patrum plebi 
adulatos aut acerbe tuendo iura ordinis asperiorem 
domando multitudinem fecisse : T. Quinctium oratio- 
nem memorem maiestatis patrum concordiaeque 

5 ordinum et temporum in primis habuisse. Orare 
eum collegamque ut capesserent rem publicam ; 
orare tribunos ut uno animo cum consulibus bellum 
ab urbe ac moenibus propulsari vellent plebemque 
oboedientem in re tain trepida \ ^atribus praeberent ; 
appellare tribunos communem patriam auxiliumque 
eorum implorare vastatis agris, urbe prope oppugnata. 

6 Consensu omnium dilectus decernitur habeturque. 
Cum consules in contione pronuntiassent tempus 
non esse causas cognoscendi ; omnes iuniores postero 

1 plena fl : plena m MRDL. 
234 



BOOK III. LXIX. 2-6 

against the nobles, began to look forward to war B.C. 448 
and arms. And the flight of the country-people 
and the presence of those who had been plundered 
while on their farms and wounded, and who re- 
ported worse outrages than those which met the 
eyes of the citizens, filled all Rome with resentment. 
When the senate had met, then in truth all turned 
to Quinctius, whom they looked on as the sole 
champion of Roman majesty. The foremost senators 
declared that his speech had been worthy of the 
consular authority, worthy of the many consulships 
he had held in the past, worthy of his whole life, 
crowded as it had been with honours which, often 
as he had received them, he had still oftener de- 
served. Other consuls had either flattered the plebs 
by betraying the dignity of the patricians, or by 
harshly inforcing the rights of their order had ex- 
asperated the populace while seeking to subjugate 
them ; Titus Quinctius had spoken without forget- 
ting the dignity of the patricians, or the harmony 
of the orders, or what was particularly important 
the existing crisis. They begged him and his col- 
league to undertake the guidance of the state ; 
they besought the tribunes to unite with the con- 
suls in a single-minded effort to repel their enemies 
from the wails of the City, and to cause the plebs 
to yield obedience to the patricians in so alarming a 
situation ; the appeal to the tribunes came, they 
said, from their common country, which implored 
their assistance for its wasted fields and its well- 
nigh beleaguered City. By general consent a levy 
was proclaimed and held. The consuls announced 
in the assembly that there was no time to consider 
excuses; that all the juniors should present them- 

2 35 



L1VY 

A.U.C. 7 die prima luce in campo Martio adessent ; cognos- 
cendis causis eorum qui nomina non dedissent bello 
perfecto se daturos tempus ; pro desertore futurum 
cuius non probassent causam ; omnis iuventus adfuit 

8 postero die. Cohortes sibi quaeque centuriones 
legeruiit, binisenatores singulis cohortibus praepositi. 
Haec omnia adeo mature perfecta accepimus ut signa 
eo ipso die a quaestoribus ex aerario prompta delata- 
que in campum quarta diei hora mota ex campo sint 
exercitusque novus paucis cohortibus veterum mili- 
tum voluntate sequentibus manserit ad decimum 

9 lapidem. Insequens dies hostem in conspectum 
dedit, castraque ad Corbionem castris sunt coniuncta. 

10 Tertio die, cum ira Romanos, illos, cum totiens 
rebellassent, conscientia culpae ac desperatio inri- 
taret, mora dimicandi nulla est facta. 

LXX. In exercitu Romano cum duo consules 
essent potestate pad, quod saluberrimum in adminis- 
tratione magnarum rerum est, summa imperil con- 
cedente Agrippa penes collegam erat ; et praelatus 
ille facilitati l summittentis se comiter respondebat 
communicando consilia laudesque et aequando im- 
2 parem sibi. In acie Quinctius dextrum cornu, 
Agrippa sinistrum tenuit ; Sp. Postumio Albo legato 

1 facilitati U$- : facilitate !i. 



1 On the Latin Way. 
436 



BOOK III. LXIX. 6-LXX. 2 

selves at dawn of the following day in the Campus n . c . 446 
Martius ; that they would take time when the war 
was over to listen to the excuses of those who had 
failed to hand in their names ; and that any man 
whose excuse they did not approve would be treated 
as a deserter. Next day the entire body of young 
men appeared. The cohorts each chose their own 
centurions, and two senators were put in command 
of every cohort. We are told that all these measures 
were carried out so promptly that the standards 
were fetched from the treasury by the quaestors 
that very day, and being carried to the Campus 
Martius, headed the line of march from the muster- 
ing ground at ten o'clock in the morning ; and the 
newly recruited army, with the voluntary escort of a 
few cohorts of veterans, encamped over night at the 
tenth mile-stone. 1 The following day brought the 
enemy into view, and the Roman camp was estab- 
lished close to theirs, near Corbio. On the third 
day, the Romans being urged on by indignation, and 
the enemy, who had so often revolted, by the con- 
sciousness of their guilt and by despair, no attempt 
was made to delay the battle. 

LXX. Although the two consuls were of equal 
authority in the Roman army, yet they made an 
arrangement which is extremely advantageous in 
the administration of important measures, by which 
Agrippa yielded the supreme command to his col- 
league. The latter, thus preferred, responded court- 
eously to the ready self-effacement of the other by 
admitting him to a share in his plans and his 
achievements, and treating him as an equal, despite 
his inferiority. In the battle-Iins Quinctius held the 
right wing, Agrippa the left ; to Spurius Postumius 

237 



LIVY 

A.U.C. datur media acies tuenda, legatum alterum P. Sul- 

S08 

3 picium equitibus praeficiunt. Pedites ab dextro 
cornu egregie pugnavere baud segniter resistentibus 

4 Volscis. P. Sulpicius per mediam hostium aciem 
cum equitatu perrupit. Unde cum eadem reverti 
posset ad suos priusquam hostis turbatos ordines 
reficeret, terga impugnare hostium satius visum est ; 
momentoque temporis in aversam incursando aciem 
ancipiti terrore dissipasset hostes, ni suo proprio 
eum proelio equites Volscorum et Aequorum ex- 

5 ceptum aliquamdiu tenuissent. Ibi vero Sulpicius 
negare cunctandi tempus esse, circumventos inter- 
clusosque ab suis vociferans, ni equestre proelium 

6 conixi omni vi perficerent. Nee fugare equitem 
integrum satis esse : conficerent equos virosque, ne 
quis reveheretur inde ad proelium aut integraret 
pugnam ; non posse illos resistere sibi, quibus x con- 

7 ferta peditum acies cessisset. Haud surdis auribus 
dicta. Impressione una totum equitatum fudere, 
magnam vim ex equis praecipitavere, ipsos equosque 

8 spiculis confodere. Is finis pugnae equestris fuit. 
Tune adorti peditum aciem mmtios ad consules rei 
gestae mittunt, ubi iam inclinabatur hostium acies. 
Nuntius deinde et vincentibus Romanis animos auxit 

1 sibi, quibus n : quibus sibi MPFUB : quibus Conway (in 

note}. 

1 Livy is thinking chiefly of Quinctius. From 10 it 
appears that Agrippa's victory came later. 

238 



BOOK III. LXX. 2-8 

Albus, the lieutenant, they gave the centre in B.C. 446 
charge ; and the other lieutenant, Publius Sulpicius, 
they put in command of the horse. The infantry 
on the right fought brilliantly, and were vigorously 
resisted by the Volsci. Publius Sulpicius broke 
through the enemy's centre with his cavalry. He 
might have returned to the Roman side the way he 
went, before the enemy could re-form their broken 
ranks ; but it seemed better to assail them in the 
rear. It would have been but the work of a 
moment to charge them from behind and throw 
them into confusion between the two attacks ; but 
the Volscian and Aequian cavalry met him with his 
own kind of troops and held him in check for some 
little while. Thereupon Sulpicius cried out that 
there was no time for hesitation ; they were sur- 
rounded and cut off from their fellows, unless they 
put forth all their might and disposed of the 
enemy's cavalry. Nor was it enough to rout them 
and let them get safely off; they must destroy 
them, horse and man, that none might ride back 
into the battle or renew the fight. It would be 
impossible, he said, for their cavalry to resist his 
men, when the close ranks of their infantry had 
given way before them. His words did not fall 
upon deaf ears. With a single rush the Romans 
routed the entire body of cavalry. Hurling great 
numbers of them from their horses, they transfixed 
men and steeds with their javelins. This ended 
the cavalry-battle. Then they fell upon the hostile 
infantry, and sent off gallopers to announce their 
success to the consuls, where the enemy's line was 
already beginning to give way. 1 The tidings at once 
aroused fresh ardour in the conquering Romans and 

239 



LIVY 

A.D.O. 9 et referentes gradum perculit Aequos. In media 
primum acie vinci coepti, qua permissus equitatus 

10 turbaverat ordines ; sinistrum deinde cornu ab 
Quinctio consule pelli coeptum ; in dextro plurimum 
laboris fuit. Jbi Agrippa, aetate viribusque ferox, 
cum omni parte pugnae melius rem geri quam apud 
se videret, arrepta * signa ab signiferis ipse inferre, 
quaedam iacere etiam in confertos hostes coepit ; 

11 cuius ignominiae metu concitati milites invasere 
hostem. Ita aequata ex omni parte victoria est 
Nuntius turn a Quinctio venit victorem iam se im- 
miiiere hostium castris ; nolle inrumpere antequam 

12 sciat debellatum et in sinistro cornu esse : si iam 
fudisset hostes, conferret ad se signa, ut simul omnis 

13 exercitus praeda potiretur. Victor Agrippa cum 
mutua gratulatione ad victorem collegam castraque 
hostium venit. Ibi paucis defendentibus momentoque 
fusis sine certamine in munitiones inrumpunt, prae- 
daque ingenti compotem exercitum suis etiam rebus 
reciperatis quae populatione agrorum amissae erant 

14 reducunt. Triumphum nee ipsos postulasse nee 
delatum iis ab senatu accipio, nee traditur causa 

1 arrepta Dtiker : accepta H. 
240 



BOOK III. LXX. 8-14 

filled the faltering Aequi with confusion. It was B.C. 446 
in the centre that their defeat began, where the 
attack of the troopers had thrown their ranks into 
disorder ; then the left wing began to fall back be- 
fore the consul Quinctius. The Romans experienced 
most difficulty on the right; there Agrippa, young, 
active, and courageous, perceiving that the battle 
was everywhere going better than on his own front, 
snatched the standards from the men who bore 
them, and began to carry them forward himself, 
and even to Ming some of them into the press of 
the enemy. The disgrace with which his soldiers 
were thus threatened spurred them to the attack, 
and the victory was extended to every part of the 
line. A message then came from Quinctius, saying 
that he had beaten the enemy and was already 
threatening their camp, but did not wish to storm 
it until he knew that the fight had been decided 
on the left wing also ; if Agrippa had already 
defeated his opponents, let him bring up his troops, 
that the entire army might enter together into 
possession of the spoils. The victorious Agrippa 
accordingly joined his victorious colleague, with 
mutual congratulations, in front of the enemy's 
camp. Its handful of defenders was speedily put 
to Might, and the Romans burst into the en- 
trenchments without encountering resistance. The 
consuls led their army back to the City laden 
with a vast quantity of booty, as well as with the 
goods which they had lost by the pillage of their 
fields but had now recovered. I do not find 
either that the consuls themselves asked for a 
triumph or that one was offered them by the 
senate ; nor is there any record of the reason why 

241 



L1VY 



A.U.C. 



30g 15 spreti aut non sperati honoris. Ego quantum in 
tanto intervallo temporum conicio, cum Valerio 
atque Horatio consulibus, qui praeter Volscos et 
Aequos Sabini etiam belli perfecti gloriam pepere- 
rant, negatus ab senatu triumphus esset, verecundiae 
fuit pro parte dimidia rerum consulibus petere 
triumphunij ne etiamsi impetrassent magis hominum 
ratio quam meritorum habita videretur. 

LXXI. Victoriam honestam ex hostibus 1 partam 
turpe domi de finibus sociorum iudicium populi 

2 deformavit. Aricini atque Ardeates de ambiimo 

I <j 

agro cum saepe bello certassent, multis in vicem 
cladibus fessi iudicem populum Romanum cepere. 

3 Cum ad causam oraiidam venissent, concilio populi 
a magistratibus dato magna contentione actum. 
lamque editis testibus cum tribus vocari et populum 
inire suffragium oporteret, consurgit P. Scaptius de 
plebe magno natu et "Si licet" inquit, " consules, 
de re publica dicere, errare ego populum in hac 

4 causa non patiar." Cum ut vanum eum negarent 
consules audiendum esse vociferantemque prodi 
publicam causam submoveri iussissent, tribunes appel- 

5 lat. Tribuni, ut fere semper reguntur a multitudine 

1 ex hostibus fi : omitted in HRDLA. 
242 



BOOK III. LXX. i4-Lxxi. 5 

they despised the honour or did not hope for it. B.C. 446 
The best conjecture I myself can offer, after so 
long an interval of time, is this : since the consuls 
Valerius and Horatius, who besides beating the 
Volsci and Aequi had also attained renown by bring- 
ing the Sabine war to a successful conclusion, had 
been refused a triumph by the senate, they were 
ashamed to ask for that distinction in recompense 
of an achievement only half as great, lest even 
if it should be granted, it might seem that account 
had been taken rather of persons than of deserts. 

LXXI. The glory of defeating the enemy was 
sullied by a shameful judgment given by the people 
in Rome regarding the boundaries of her allies. 
The men of Aricia and those of Ardea had often 
gone to war over a territory which both cities 
claimed. Exhausted by the many defeats which 
each had experienced, they referred their quarrel 
to the Roman People for decision. When they had 
come to plead their cause, and a popular assembly 
had been granted them by the magistrates, they 
argued their respective claims with great vehemence. 
The testimony had already been taken, and the 
time had come for the tribes to be summoned and 
the people to give their votes, when Publius 
Scaptius, an aged plebeian, arose and said : " If 
I am permitted, consuls, to speak concerning the 
nation's interests, I will not suffer the people to 
go wrong in this matter." The consuls declared 
that he was an untrustworthy fellow and ought 
not to be listened to, and when he protested noisily 
that the public cause was being betrayed, they 
ordered him to be removed ; whereat he appealed 
to the tribunes. The tribunes, as almost always 



LIVY 

magis quam regunt, dedere cupidae audiendi plebi 

6 ut quae vellet Scaptius diceret. Ibi infit annum se 
tertium et octogensimum agere et in eo agro de quo 
agitur militasse, non iuvenem, vicesima iam stipendia 
merentem, cum ad Coriolos sit bellatum. Eo rem 
se vetustate oblitteratam, ceterum suae memoriae 

7 infixam adferre, agrum de quo ambigitur finium 
Coriolanorum fuisse captisque Coriolis iure belli 
publicum populi Romani factum. Mirari se quonam 
ore x Ardeates Aricinique, cuius agri ius nunquam 
usurpaverint incolumi Coriolana re, eum se a populo 
Romano, quern pro domino iudicem fecerint, inter- 

8 cepturos sperent. Sibi exiguum vitae temptis 
superesse ; non potuisse se tamen inducere in ani- 
mum quin, quern agrum miles pro parte virili manu 
cepisset, eum senex quoque voce, qua una posset, 
vindicaret. Magnopere se suadere populo, ne inutili 
pudore suam ipse causam damnaret. 

LXXII. Consules, cum Scaptium non silentio 

modo, sed cum adsensu etiam audiri animadvertissent, 

deos hominesque testantes flagitium ingens fieri 

2 patrum primores arcessunt. Cum iis circumire 

tribus, 2 orare ne pessimum facinus peiore exemplo 



1 ore J/? /) 3 ? KlocTc : in more D : more n. 

2 tribus Perizonius : tribunes n. 



244 



BOOK III. LXXI. 5-LXXII. 2 

happens, were swayed by the crowd, instead of B - c - 
swaying it, and, to please the greedy ears of the 
plebs, gave Scaptius leave to say what he wished. 
He therefore began, and said that he was eighty- 
two years old and had fought in the army, in that 
district which was under discussion, not as a youth, 
but as one already in his twentieth year of service 
at the time of the campaign before Corioli. Hence 
it came that he was telling them of a matter for- 
gotten with the lapse of years, but fixed in his own 
memory, namely that the disputed land had been 
a part of the territory of Corioli, and had conse- 
quently, on the capture of that town, become, by 
right of conquest, the property of the Roman 
People. He marvelled, he said, at the effrontery 
with which the men of Ardea and Aricia hoped 
to deprive the Roman People whom they had 
made the judge, in place of being the owner of 
a territory over which they had never exercised 
any authority so long as the state of Corioli was 
intact. He had himself but a little while to live ; 
yet he had not been able to convince himself that, 
having as a soldier done his part to conquer the 
land, he should not defend it, even in his old age, 
with the only weapon left him, to wit his voice. 
He earnestly counselled the people not to condemn 
their own cause from an unreasonable motive of 
propriety. 

LXXII. When the consuls had perceived that 
Scaptius was listened to not only in silence but 
actually with approval, they called on gods and men 
to witness that a great outrage was being perpetrated, 
and sent for the leaders of the senate. With them 
they went about among the tribes and implored 

245 
VOV. II. I 



LIVY 

A.U.O. admitterent iudices in suam rem litem vertendo, 

3U3 

cum praesertim etiam si fas sit curam emolumenti 
sui iudici esse, ncquaquam tan turn agro intercipiendo 
adquiratur, quantum amittatur alienandis iniuria so- 

3 ciorum animis. Nam famae quidem ac fidei damna 
maiora esse quam quae aestimari possent. Hoc legates 
referre domum, hoc volgari, hoc socios audire, hoc 

4 hostes, quo cum dolore hos, quo cum gaudio illos ! 
Scaptione 1 hoc, contionali seni, adsignaturos putarent 
finitimos populos ? Clarum hac fore imagine Scap- 
tium ; sed 2 populum Romanum quadruplatoris et 

5 interceptoris litis alienae personam laturum. Quern 
enim hoc privatae rei iudicem fecisse ut sibi con- 
troversiosam adiudicaret rem ? Scaptium ipsum id 
quidem, etsi praemortui iam sit pudoris, non fac- 

6 turum. Haec consules, haec patres vociferantur ; 
sed plus cupiditas et auctor cupiditatis Scaptius valet. 
Vocatae tribus iudicaverimt agrum publicum populi 

7 Romani esse. Nee abnuitur ita fuisse, si ad iudices 
alios itum foret; nunc haud sane quicquam bono 

1 Scaptione R 2 A' t (or A*): scaptioni fl: sp cationi D: 
spacioni A. 

2 Scaptium ; sed Alschefski : scaptium esse fl. 

246 



BOOK III. LXXII. 2-7 

them not to be guilty of an act which, utterly wrong B.C. 446 
in itself, would establish a precedent that was even 
worse, by diverting to their own possession, as judges, 
the property in dispute ; and that too when, even if 
it were right that a judge should be concerned for 

O / O 

his own advantage, they would by no means gain so 
much by the seizure of the land as they would lose 
by the wrongful estrangement of their allies. For 
reputation at least and trustworthiness were things 
the loss of which was beyond all reckoning. Was 
this to be the report carried home by the envoys ? 
Was this to be noised abroad and come to the ears 
of allies and enemies ? What grief it would cause 
the former, and what joy the latter ! Did they 
suppose that Scaptius, a meddling old hanger-on of 
assemblies, would be held responsible for this by 
the neighbouring nations ? It would be a famous 
thing for Scaptius to have inscribed beneath his 
portrait, but the Roman People would be playing a 
role of chicanery and of usurpation of the claims of 
others. For what umpire in a private suit would 
have thought of awarding to himself the object of 
litigation ? Even Scaptius, though he had already 
outlived all sense of shame, would not do that. 
These arguments were loudly urged both by the 
consuls and. by the Fathers ; but they were less con- 
vincing than men's cupidity, or than Scaptius, who 
had aroused it. The tribes, being called upon to 
vote, decided the territory to be public land belong- 
ing to the Roman People. Nor is it denied that 
such would have been the verdict if recourse had 
been had to another court; but in the circumstances 
the excellence of the cause did not in the slightest 
degree extenuate the disgrace of the judgment, 

247 



LIVY 

A.U.C. causae levatur dedecus iudicii : idque non Aricinis 

308 

Ardeatibusque quam patribus Romanis foedius atque 
acerbius visum. Reliquum anni quietum ab urbanis 
motibus et ab externis mansit. 



248 



BOOK III. LXXII. 7 

which seemed no less scandalous and harsh to the B.O 446 
Roman senators than to the men of Aricia and 
Ardea. The remainder of the year passed with- 
out disturbances in either domestic or foreign 
relations. 



249 



LIBRI III PERIOCHA 

SRDITIONES de agrariis legibus fuere. Capitolium ab 
exulibus et servis occupatum caesis his receptum est. 
Census bis actus est. Priore lustro censa sunt civium 
capita vm milia DCCXIIII praeter orbos orbasque, sequent! 
cxvn milia ccxvmi. Cum adversus Aequos male gesta 
res esset, L. Quintius Cincinnatus dictator factus, cum 
rure intentus operi rustico esset, ad id bellum gerendum 
arcessitus est. Is victos hostes sub iugum misit. Tri- 
bunorum plebis numerus ampliatus est, ut essent x, 
tricesimo sexto anno a 1 primis tribmiis plebis. Petitis 
per legates et adlatis Atticis legibus ad constituendas eas 
proponendasque x viri pro consulibus sine ullis aliis 
magistratibus creati altero et treceiitesimo 2 anno quam 
Roma condita erat, et ut a regibus ad consules, ita a 
consulibus ad x viros imperium translatum. Hi x tabulis 
legum positis cum modeste se in eo honore gessissent et 
ob id in alterum quoque annum eundem esse magistratum 
placuisset, duabus tabulis 3 ad x adiectis cum complura 
inpotenter fecissent, magistratum noluerunt deponere et 
in tertium annum retinuerunt, donee inviso eorum imperio 
miem adtulit libido Appi Claudi. Qui cum in amorem 
Virginiae virginis incidisset, summisso, qui earn in servi- 
tutem peteret, necessitatem patri eius Virgiiiio inposuit. 
Rapto ex taberna proxima cultro filiam occidit, cum aliter 
effici non posset ne in potestatem stuprum inlaturi veniret. 
Hoc tarn magnae iniuriae exemplo pleps concitata montem 

1 a omitted in the MSS. 

2 altero et trecentesimo Aid. : nono trigesimo MSS. 

3 placuisset, duabus tabulis Sigonius : omitted in MSS. 

250 



SUMMARY OF BOOK III 

THERE were quarrels about land-laws. The Capitol 
was seized by exiles and slaves ; who were slain and 
the Capitol recovered. The census was taken twice. By 
the earlier enumeration there were returned 8714 i citizens, 
besides male and female wards; by the second 117,219. 
After a defeat had been sustained at the hands of the 
Aequi, Lucius Quintius Cincinnatus, being appointed 
dictator, was summoned to the control of the war while 
engaged in working on his farm. He defeated the enemy 
and sent them under the yoke. The number of tribunes 
was increased to ten in the 38th year from the election 
of the first ones. After the laws of Athens had been 
searched out and brought to Rome by envoys, decemvirs 
with consular powers were chosen, without any other 
magistrates, to draw up and publish them. It was in 
the 302nd year after the founding of Rome that the power 
was transferred from consuls to decemvirs, as it had 
formerly been from kings to consuls. When the decemvirs 
had posted up ten tables of laws, after such moderation in 
the conduct of their office that it had been voted to con- 
tinue the same magistracy for another year, they added 
two tables to the ten ; and after many insolent acts 
refused to lay down their authority, but retained it for 

f 

a third year, till the lust of Appius Claudius put an end to 
their hated dominion. Having fallen in love with the 
maiden Verginia, he suborned an agent to claim her as 
his slave, and obliged her father Verginius to act. Seizing 
a knife from the nearest stall, he slew his daughter, since 
there was no other way to keep her from tailing into 
the hands of the man who meditated her dishonour. 
By this great wrong the plebeians were roused to action, 

1 Livy in. iii. 9 gives the numbers as 104,714. Apparently 
there has been a mistake in copying the Periochae due to the 
confusion of cini and vm. 

25 1 



LIVY 

Aventinum occupavit coegitque x viros abdicare se magi- 
stratu. Ex quibus Appius, qui praecipuam poenam 
meruerat, in carcerem coniectus est ; ceteri in exilium 
acti. Res praeterea contra Sabinos et Vulscos prospere 
gestas continet et parum honestum populi Romani 
indicium, qui iudex inter Ardeates et Ariciuos sumptus 
agrum de quo ambigebatur sibi adiudicavit. 



252 



SUMMARY OF BOOK III 

and occupying the Aventine, forced the decemvirs to 
abdicate. Of these, Appius, who had been most guilty, 
was flung into prison ; the rest were exiled. The book 
contains also successful campaigns against the Sabines 
and the Volsci, and a discreditable judgment rendered 
by the Roman People, who, being chosen umpire between 
the Ardeates and the Aricini, awarded to themselves the 
territory in dispute. 



253 



BOOK IV 



LIBER IV 

A.U.O. I. Hos secuti M. Genucius et C. Curtius 1 consules. 

OAQ 

Fuit annus domi forisque infestus. Nam 2 principle 
et de conubio patrum et plebis C. Canuleius tribunus 

2 plebis rogationem promulgavit, qua contaminari 
sanguinem suum patres confundique iura gentium 
rebantur, et mentio primo sensim inlata a tribunis, 
ut alterum ex plebe consulem liceret fieri, eo 
processit deinde ut rogationem novem tribuni pro- 

3 mulgarent, ut populo potestas esset, seu de plebe 
seu de patribus vellet, consules faciendi ; id vero si 
fieret, non volgari modo cum infimis, sed prorsus 
auferri a primoribus ad plebem summum imperium 

4 credebant. Laeti ergo audiere patres Ardeatium 
populum ob iniuriam agri abiudicati descisse, et 
Veientes depopulates extrema agri Romani, et 
Volscos Aequosque ob communitam Verruginem 
fremere ; adeo vel infelix bellum ignominiosae paci 

6 praeferebant. His itaque in maius etiam acceptis, 
ut inter strepitum tot bellorum conticiscerent 
actiones tribuniciae, dilectus haberi, bellum armaque 

1 C. Curtius Sigonius (cf. G.I.L. i 2 , p. 108 ; Diod. xn. 
xxxi. 1 who however gives the prcenomen as "Aypnnrav ; 
Varro, L.L. v. 150): p. curatius n. 

2 Nam Conway and Walters : nam anni (ani B, animi 
PU] H : anni nam M. 



1 This ia Livy's first mention of Verrugo, which was 
situated on a steep hill in the Trerus valley. 

256 



BOOK IV 

I. MARCUS GENUCIUS and Gaius Curtius succeeded B.O 445 
these men as consuls. It was a year of quarrels both 
at home and abroad. For at its commencement 
Gaius Canuleius, a tribune of the plebs, proposed a 
bill regarding the intermarriage of patricians and 
plebeians which the patricians looked upon as in- 
volving the debasement of their blood and the sub- 
version of the principles inhering in the gentes, or 
families ; and a suggestion, cautiously put forward at 
first by the tribunes, that it should be lawful for one 
of the consuls to be chosen from the plebs, was after- 
wards carried so far that nine tribunes proposed a 
bill giving the people power to choose consuls as 
they might see fit, from either the plebs or the 
patriciate. To carry out this last proposal would be, 
in the estimation of the patricians, not merely to 
give a share of the supreme authority to the lowest 
of the citizens, but actually to take it away from the 
nobles and bestow it on the plebs. The Fathers 
therefore rejoiced to hear that the people of Ardea 
had revolted because of the unjust decision which 
deprived them of their land ; that the men of Veii 
had ravaged the Roman frontier ; and that the Volsci 
and Aequi were murmuring at the fortification of 
Verrugo ; ] so decidedly did they prefer even an un- 
fortunate war to an ignominious peace. Accordingly 
they made the most of these threats, that the pro- 
posals of the tribunes might be silenced amidst the 

257 



LIVY 

i.u.c. vi summa apparari iubent, si quo intentius possit, 
6 quam T. Quinctio consule apparatum sit. Turn C. 
Canuleius pauca in senatu vociferatus : nequiquam 
territando consules avertere plebem a cura novarum 
legum ; nunquam eos se vivo dilectum habituros, 
antequam ea quae promulgata ab se collegisque 
essent plebes scivisset, 1 confestim ad contionem 
advocavit. 

II. Eodern tempore et consules senatum in tri- 
bunum et tribunus populum in consules incitabat. 
Negabant consules iam ultra ferri posse furores 
tribunicios ; ventum iam ad finem esse ; domi plus 
belli concitari quam foris. Id adeo non plebis quam 
patrum neque tribunorum magis quam consulum 

2 culpa accidere. Cuius rei praemium sit in civitate^ 
earn maximis semper auctibus crescere ; sic pace 

3 bonos, sic bello fieri. Maximum Romae praemium 
seditionum esse ; ideo 2 singulis universisque semper 

4 honor! fuisse. Reminiscerentur quam maiestatem 
senatus ipsi a patribus accepissent, quam liberis 
tradituri essent, vel 3 quern ad modum plebs gloriari 
posset auctiorem amplioremque se esse. 4 Finem 
ergo non fieri nee futuram donee quam felices se- 
ditiones tarn honorati seditionum auctores essent. 

6 Quas quantasque res C. Canuleium adgressum ! Con- 
luvionem gentium, perturbationem auspiciorum 



1 scivisset $- : sciuisset et n. 

2 ideo F1 Weissenb'irn : id et Q. 

3 vel Conway and Walters : ut H. 
* se esse g- (se est D] : esse n. 

253 



BOOK IV. i. 5-n. 5 

din or so many wars; and ordered levies to be held B.C. < 
and military preparations to be made with the 
utmost energy, and if possible, even more strenuously 
than had been done when Titus Quinctius was consul. 
Thereupon Gaius Canuleius curtly proclaimed in the 
senate that it was in vain the consuls sought to 
frighten the plebs out of their concern for the new 
laws ; and, declaring that they should never hold 
the levy, while he lived, until the plebs had voted 
on the measures which he and his colleagues had 
brought forward, at once convened an assembly. 

II. At one and the same time the consuls were 
inciting the senate against the tribune, and the 
tribune was arousing the people against the consuls. 
The consuls declared that the frenzy of the tribunes 
could no longer be endured ; the end had now been 
reached, and there was more war being stirred up 
at home than abroad. This state of things was, to 
be sure, as much the fault of the senators as of the 
plebs, and the consuls were as guilty as the tribunes. 
That tendency which a state rewarded always at- 
tained the greatest growth ; it was thus that good 
men were produced, both in peace and in war. In 
Rome the greatest reward was given to sedition, which 
had, therefore, ever been held in honour by all and 
sundry. Let them recall the majesty of the senate 
when they had taken it over from their fathers, and 
think what it was likely to be when they passed it 
on to their sons, and how the plebs could glory in 
the increase of their strength and consequence. 
There was no end in sight, nor would be, so long as 
the fomenters of insurrection were honoured in 
proportion to the success of their projects. What 
tremendous schemes had Gaius Canuleius set on 
foot ! He was aiming to contaminate the gentes and 

259 



LIVY 

A.U.O. publicorum privatorumque adferre, ne quid sinceri, 
lie quid incontamiiiati sit, ut discrimiiie omni sublato 

6 nee se quisquam nee suos noverit. Quam enim aliam 
vim conubia promiscua habere nisi ut ferarum prope 
ritu volgentur concubitus plebis patrumque ? Ut 
qui natus sit ignoret, cuius sanguinis, quorum sac- 
rorum sit ; dimidius patrum sit, dimidius plebis, ne 

7 secum quidem ipse concors. Parum id videri, quod 
omnia divina humanaque turbentur ; iam ad con- 
sulatum volgi turbatores accingi. Et primo ut 
alter consul ex plebe fieret, id modo sermonibus 
temptasse ; nunc rogari ut seu ex patribus seu ex 
plebe velit populus consules creet. Et creatures 
baud dubie ex plebe seditiosissimum quemque ; 

8 Canuleios igitur Iciliosque consules fore. Ne id 
luppiter optimus maximus sineret regiae maiestatis 
imperium eo recidere ; et se miliens morituros 
potius quam ut tantum dedecoris admitti patiantur. 

9 Certum habere maiores quoque, si divinassent con- 
cedendo omnia non mitiorem in se plebem, sed 
asperiorem alia ex aliis iniquiora postulando cum 
prima impetrasset futuram, primo quamlibet dimi- 
cationem subituros fuisse potius quam eas leges 

10 sibi imponi paterentur. Quia turn concessum sit 

11 de tribunis, iteruin concessum esse ; finem non 



1 The right to ascertain the will of the gods by auspices 
was claimed as an exclusively patrician prerogative. Cf. 
chap. vi. 1. 

* This is inaccurate. We see from chap. i. 2 that the 
suggestion was that one of the consuls might be (not should 
be) a plebeian. 

260 



BOOK IV. ii. 5-1 1 

throw the auspices, both public and private, into B.C. 445 
confusion, that nothing might be pure, nothing 
unpolluted ; so that, when all distinctions had been 
obliterated, no man might recognise either himself 
or his kindred. 1 For what else, they asked, was the 
object of promiscuous marriages, if not that plebeians 
and patricians might mingle together almost like 
the beasts ? The son of such a marriage would be 
ignorant to what blood and to what worship he 
belonged ; he would pertain half to the patricians, 
half to the plebs, and be at strife even with himself. 
It was not enough for the disturbers of the rabble 
to play havoc with all divine and human institutions: 
they must now aim at the consulship. And whereas 
they had at first merely suggested in conversations 
that one of the two consuls should be chosen from 
the plebeians, 2 they were now proposing a law that 
the people should elect consuls at its pleasure from 
patriciate or plebs. Its choice would without doubt 
always fall upon plebeians of the most revolutionary 
sort, and the result would be that they would have 
consuls of the type of Canuleius and Icilius. They 
called on Jupiter Optimus Maximus to forbid that a 
power regal in its majesty should sink so low. For 
their parts, they would sooner die a thousand deaths 
than suffer so shameful a thing to be done. They 
felt certain that their forefathers too, had they 
divined that all sorts of concessions would make the 
commons not more tractable but more exacting, and 
that the granting of their first demands would lead 
to others, ever more unjust, would rather have faced 
any conflict whatsoever than have permitted such 
laws to be imposed upon them. Because they had 
yielded then, in the matter of the tribunes, they had 

261 



LIVY 

A.U.O fieri posse si in l eadem civitate tribuni 2 plebis 
et patres essent ; 3 aut hunc ordinem aut ilium 
magistratum tollendum esse, potiusque sero quam 
nunquam obviam eundum audaciae temerita- 

12 tique. Illine ut impune primo discordias serentes 
concitent finitima bella, deinde adversus ea, quae 
concitaverint, armari civitatem defendique pro- 
hibeant, et cum bostes tantum non arcessierint, 
exercitus conscribi adversus hostes non patiantur, 

13 sed audeat Canuleius in senatu proloqui se, nisi suas 
leges tamquam victoris patres accipi sinant, dilectum 
haberi prohibiturum ? Quid esse aliud quam minari 
se proditurum patriam, oppugnari atque capi pas- 
surum ! Quid earn vocem animorum non plebi 
Romanae, sed Volscis et Aequis et Veientibus alla- 

14 turam ! Nonne Canuleio duce se speraturos Capi- 
tolium atque arcem scandere posse ? Nisi 4 patribus 
tribuni cum iure ac maiestate adempta animos etiam 
eripuerint, consules paratos esse duces prius adversus 
scelus civium quam adversus hostium arma. 

III. Cum maxirne haec in senatu agerentur, Ca- 
nuleius pro legibus suis et adversus consules ita 
2 disseruit : " Quanto opere vos, Quirites, contem- 
nerent patres, quam indignos ducerent qui una 
secum urbe intra eadem moenia viveretis, saepe 

1 posse si in Conway : posse sin F : posse iin M : posse in 12. 

2 tribuni PFBD : tribunes F* UOH : \xMLA. 

3 essent Conway \ ee ML : esse fl. 

4 nisi Luterbacher : si n : ni Madvig. 

262 



BOOK IV. ii. ii-in. 2 

yielded a second time; it was impossible there B.C. 445 
should be any settlement of the trouble, if in one 
and the same state there were both plebeian tribunes 
and patricians ; one thing or the other must go, 
the patriciate or the tribunate. It was better late 
than never to oppose their rashness and temerity. 
Were they to be suffered with impunity first to sow 
discord and stir up neighbouring wars, and then to 
prevent the state from arming and defending itself 
against the wars they had raised themselves? When 
they had all but invited in the enemy, should they 
refuse to allow the enrolment of armies to oppose 
that enemy ; while Canuleius had the hardihood to 
announce in the senate that unless the Fathers per- 
mitted his laws to be received, as though he were a 
conqueror, he would forbid the levy? W 7 hat else 
was this than a threat that he would betray his 
native City to attack and capture ? How must that 
speech encourage, not the Roman plebs, but the 
Volsci, the Aequi, and the Veientes ! Would they 
not hope that, led by Canuleius, they would be able 
to scale the Capitol and the Citadel ? Unless the 
tribunes had robbed the patricians of their courage 
when they took away their rights and their dignity, 
the consuls were prepared to lead them against 
criminal citizens sooner than against armed enemies. 
III. At the very time when these opinions were 
finding expression in the senate, Canuleius held 
forth in this fashion in behalf of his laws and in 
opposition to the consuls : " How greatly the patri- 
cians despised you, Quirites, how unfit they deemed 
you to live in the City, within the same walls as 
themselves, I think I have often observed before, 
but never more clearly than at this very moment, 

263 



LIVY 

i.u.c. equidem et ante videor animadvertisse, nunc tamen 
maxime quod adeo atroces in has rogationes nostras 

3 coorti sunt, quibus quid aliud quam admonemus 
cives nos eorum esse, et si noii easdem opes habere, 

4 eandem tamen patriam incolcre? Altera conubium 
petimus, quod finitimis externisque dari solet nos 
quidem civitatem, quae plus quam conubium est, 

5 hostibus etiam victis dedimus ; altera nihil novi 
ferimus, sed id quod populi est repetirnus atque 
usurpamus, ut quibus velit populus Romanus honores 

6 mandet. Quid tandem est cur caelum ac terras 
misceant, cur in me impetus modo paene in senatu 
sit factus, negent se manibus temperatures vio- 

7 laturosque denuntient sacrosanctam potestatem ? Si 
populo Romano liberum suffragium datur, ut quibus 
velit consulatum mandet,, et non praeciditur spes 
plebeio quoque, si dignus summo honore erit, api- 
scendi summi honoris, stare urbs haec non poterit r 
De imperio actum est? Et perinde hoc valet, 
plebeiusne consul fiat, tamquam servum aut liber- 

8 tinum aliquis consulem futurum dicat? Ecquid 1 
sentitis in quanto contemptu vivatis ? Lucis vobis 
huius partem, si liceat, adimant ; quod spiratis, quod 
vocem mittitis, quod formas hominum habetis, indig- 

9 nantur ; quin etiam, si dis placet, nefas aiunt esse 
consulem plebeium fieri. Obsecro vos, si non ad 

1 Ecquid M: et quid n. 
264 



BOOK IV. in. 2-9 

when they are rallying so fiercely against these B.C. 445 
proposals of ours. Yet what else do we intend by 
them than to remind our fellow citizens that we are 
of them, and that, though we possess not the same 
wealth, still we dwell in the same City they inhabit? 
In the one bill we seek the right of intermarriage, 
which is customarily granted to neighbours and 
foreigners indeed we have granted citizenship, 
which is more than intermarriage, even to defeated 
enemies ; in the other we propose no innovation, 
but reclaim and seek to exercise a popular right, to 
wit that the Roman People shall confer office upon 
whom it will. What reason is there, pray, why they 
should confound heaven and earth ; why they should 
almost have attacked me just now in the senate ; 
why they should declare that they will place no 
restraint on force, and should threaten to violate 
our sacrosanct authority? If the Roman People is 
granted a free vote, that so it may commit the 
consulship to what hands it likes, if even the plebeian 
is not cut off from the hope of gaining the highest 
honours if he shall be deserving olf the highest 
honours will this City of ours be unable to endure ? 
Is her dominion at an end ? When we raise the 
question of making a plebeian consul, is it the same 
as if we were to say that a slave or a freedman 
should attain that office ? Have you any conception 
of the contempt in which you are held ? They 
would take from you, were it possible, a part of this 
daylight. That you breathe, that you speak, that 
you have the shape of men, fills them with resent- 
ment. Nay, they assert, if you please, that it is 
sinning against Heaven to elect a plebeian consul. 
Tell me, if we are not admitted to consult the 

265 



LIVY 

fastos, non ad commentaries pontificum admittimur, 
ne ea quidem scimus quae omnes peregrin! etiam 
sciunt, consules in locum regum successisse nee aut 
iuris aut maiestatis quicquam habere quod non in 

10 regibus ante fuerit ? En unquam 1 creditis fando 
auditum esse Numam Pompilium, non modo non 
patricium sed ne civem quidem Romanum, ex Sabino 
agro accitum, populi iussu, patribus auctoribus 2 

1 1 Romae regnasse ? L. deinde Tarquinium, non 
Romanae modo, sed ne Italicae quidem gentis, 
Demarati Corinthii filium, incolam ab Tarquiniis, 

12 vivis liberis Anci, regem factum ? Ser. Tullium 
post hunc, captiva Corniculana natum, patre nullo, 
matre serva, ingenio virtute regnum tenuisse ? Quid 
enim de T. Tatio Sabino dicam, quern ipse Romulus, 

13 parens urbis, in societatem regni accepit ? Ergo 
dum nullum fastiditur genus in quo eniteret virtus, 
crevit imperium Romanum. Paeniteat nunc vos 
plebeii consulis, cum maiores nostri advenas reges 
non fastidierint et ne regibus quidem exactis clausa 

14 urbs fuerit peregrinae virtuti ? Claudiam certe 
gentem post reges exactos ex Sabinis non in civi- 
tatem modo accepimus sed etiam in patriciorum 

1 En unquam MA 1 (or A z ) : en umquam : enim quam 
PS: en inquam P Z F*U ': ennumquam HDL A : nunquam 
Karsten : et unquam Fl 

2 auctoribus $- : omitted by n. 

1 Dies fasti were the days on which it was lawful to pro- 
nounce judgment. Fasti often means, as here, the calendar 
kept by the pontiffs on which such days were marked. It 
was not until 304 B.C., when Cn. Flavins posted a list of 
them in the Forum (ix. xlvi. 5), that the plebeians could 
know with certainty when they fell. 

266 



BOOK IV. in. 9-14 

Fasti 1 or the Commentaries of the Pontiffs,' 2 are we 3.0.445 
therefore ignorant of what all men, even foreigners, 
know, viz. that the consuls succeeded to the place 
of the kings, and possess no jot nor tittle of right or 
dignity that belonged not to the kings before ? 
Come ! Would you believe the story was ever heard 
how Numa Pompilius not only no patrician, but 
not even a Roman citizen was sent for from the 
country of the Sabines, and reigned at Rome, by 
command of the people and with the senators' 
consent ? And again, how Lucius Tarquinius, who 
was not even of Italian stock not to mention 
Roman being the son of Demaratus of Corinth, and 
an immigrant from Tarquinii, was made king, while 
the sons of Ancus were still living ? And how after 
him Servius Tullius, son of a captive woman from 
Corniculum, who had nobody for his father and a 
bond-woman for his mother, held the royal power by 
his innate ability and worth ? For why should I 
speak of Titus Tatius the Sabine, with whom Romulus 
himself, the Father of the Citv, shared his sover- 

v * 

eignty? Well then, so long as men despised no 
family that could produce conspicuous excellence, 
the dominion of Rome increased. And are you now 
to scorn a plebeian consul, when our ancestors were 
not above accepting alien kings, and when the City 
was not closed against the meritorious foreigner, 
even after the expulsion of the kings? The Claudian 
family at least we not only received from the Sabine 
country, after the kings had been driven out, and 
gave them citizenship, but even admitted them to 
the number of patricians. Shall the son of a stranger 

2 Minutes of the proceedings of the pontifical college. 
They probably furnished guidance regarding ceremonies. 

267 



LIVY 

A.U.O. 15 numerum. Ex peregrinone patricius, deinde consul 

OAQ 

fiat, civis Romanus si sit ex plebe, praecisa consulatus 

16 spes erit? Utrum tandem non credimus fieri posse 
ut vir fortis ac strenuus, pace belloque bonus, ex 
plebe sit, Numae, L. Tarquinio, Ser. Tullio similis, 

17 an, ne si sit quidem, ad gubernacula rei publicae 
accedere eum patiemur, potiusque decemviris, tae- 
terrimis mortalium, qui tamen x omnes ex patribus 
erant, quam optimis regum, novis hominibus, similes 
consules sumus habituri ? 

IV. "At enim nemo post reges exactos de plebe 
consul fuit. Quid postea ? Nullane res nova institui 
debet, et quod nondum est factum multa enim 
nondum sunt facta in novo populo, ea ne si utilia 

2 quidem sint fieri oportet ? Pontifices, augures 
Romulo regnante nulli erant ; ab Numa Pompilio 
creati sunt. Census in civitate et discriptio 2 cen- 
turiarum classiumque non erat ; ab Ser. Tullio est 

3 facta. Consules nunquam fuerant ; 3 regibus exactis 
creati sunt. Dictatoris nee imperium nee nomen 
fuerat : apud patres esse coepit. Tribuni plebi, 
aediles, quaestores nulli erant ; institutum est, ut 
fierent. Decemviros legibus scribendis intra decem 
hos annos et creavimus et e re publica sustulimus. 

4 Quis dubitat quin in aeternum urbe condita, in 
immensum crescente nova imperia, sacerdotia, iura 

5 gentium hominumque instituantur ? Hoc ipsum, ne 

1 tamen $- : turn H. 

2 discriptio H. J. Mueller', descriptio fl. 

3 fuerant 5- : f uerunt A. 

268 



BOOK IV. in. i 4 -iv. 5 

become patrician and then consul, but a Roman B.C. 445 
citizen, if plebeian, be cut off from all hope of the 
consulship? Do we not believe it possible that a 
bold and strenuous man, serviceable both in peace 
and in war, should come from the plebs, a man like 
Numa, Lucius Tarquinius, or Servius Tullius ? Or 
shall we refuse, even if such an one appear, to let 
him approach the helm of state? Must we rather 
look forward to consuls like the decemvirs, the 
vilest of mortals, who nevertheless were all of 
patrician birth, than to such as shall resemble the 
best of the kings, new men though they were ? 

IV. " ' But,' you will say, ' from the time the kings 
were expelled no plebeian has ever been consul.' 
Well, what then ? Must no new institution be 
adopted ? Ought that which has not yet been done 
and in a new nation many things have not yet 
been done never to be put in practice, even if it be 
expedient ? There were neither pontiffs nor augurs 
in the reign of Romulus ; Numa Pompilius created 
them. There was no census in the state, no regis- 
tration of centuries and classes; Servius Tullius made 
one. There had never been any consuls ; when the 
kings had been banished, consuls were elected. 
Neither the power nor the name of dictator had 
ever been known ; in the time of our fathers they 
began. Plebeian tribunes, aediles, and quaestors, 
there were none ; men decided to have them. 
Within the past ten years we have elected decemvirs 
for drawing up the laws, and removed them from the 
commonwealth. Who can question that in a city 
founded for eternity and of incalculable growth, new 
powers, priesthoods, and rights of families and 
individuals, must be established ? Was not this very 

269 



LIVY 

A.n.o. conubium patribus cum plebe esset, non decemviri 
tulerunt paucis his annis pessimo publico, 1 cum 
summa iniuria plebis ? An esse ulla maior aut in- 
signitior contumelia potest quam partem civitatis 

6 velut contaminatam indignam conubio haberi ? Quid 
est aliud quam exsilium intra eadem moenia, quam 
relegationem pati ? Ne adfinitatibus, ne propin- 
quitatibus immisceamur cavent, 2 ne societur sanguis. 

7 Quid? Hoc si polluit nobilitatem istam vestram, 
quam plerique oriundi ex Albanis et Sabinis non 
genere nee sanguine sed per cooptationem in patres 
habetis, aut ab regibus lecti aut post reges exactos 
iussu populij sinceram servare privatis consiliis non 
poteratis, nee ducendo ex plebe neque vestras filias 

8 sororesque ecnubere 3 sinendo e patribus? Nemo 
plebeius patriciae virgini vim adferret; patriciorum 
ista libido est ; nemo invitum pactionem nuptialem 

9 quemquam facere coegisset. Verum enimvero lege 
id prohiberi et conubium tolli patrum ac plebis, id 
demura contumeliosum plebi est. Cur enim non 
fertis, 4 ne sit conubium divitibus ac pauperibus? 

10 Quod privatorum consiliorum ubique semper fuit, 
ut in quam cuique feminae convenisset domum 
nuberet, ex qua pactus esset vir domo in matri- 
monium duceret, id vos sub legis superbissimae 
vincula conicitis, qua dirimatis societatem civilem 



1 pessimo publico Klock: pessimo exemplo publico 
pessimo exemplo n (publico added in marg. of P, by second 
hand). 

2 cavent$-: caueantfl: caueamurD: caueantur A. 
8 ecnubere M: enubere $- : et nubere (nubere U] n. 

4 cur enim non fertis Madvig : cur enim non confertis fl : 
cur ent n confertis FB : curent non confertis Pi cur non 
confertis U. 

270 



BOOK IV. iv. 5-10 

provision, that patricians and plebeians might not B.C. 445 
intermarry, enacted by the decemvirs a few years 
since, with the worst effect on the community and 
the gravest injustice to the plebs ? Or can there be 
any greater or more signal insult than to hold a 
portion of the state unworthy of intermarriage, as 
though it were defiled ? What else is this but to 
suffer exile within the same walls and banishment ? 
They guard against having us for connections or 
relations, against the mingling of our blood with 
theirs. Why, if this pollutes that fine nobility of 
yours which many of you, being of Alban or of 
Sabine origin, possess not by virtue of race or blood, 
but through co-optation into the patriciate, having 
been chosen either by the kings, or, after their 
expulsion, by decree of the people could you not 
keep it pure by your own private counsels, neither 
taking wives from the plebs nor permitting your 
daughters and sisters to marry out of the patriciate ? 
No plebeian would offer violence to a patrician 
maiden : that is a patrician vice. No one would 
have compelled anybody to enter a compact of 
marriage against his will. But let me tell you that 
in the statutory prohibition and annulment of inter- 
marriage between patricians and plebeians we have 
indeed at last an insult to the plebs. Why, pray, do 
you not bring in a law that there shall be no inter- 
marrying of rich and poor ? That which has always 
and everywhere been a matter of private policy, that 
a woman might marry into whatever family it had 
been arranged, that a man might take a wife from 
that house where he had engaged himself, you 
would subject to the restraint of a most arrogant 
'aw, that thereby you might break up our civil 

271 



LIVY 

A.U.O. 11 duasque ex una civitate 1 faciatis. Cur non sancitis 

109 

ne vicinus patricio sit plebeius nee 2 eodem itinere 
eat, ne idem convivium ineat, ne in foro eodem 
consistat ? Quid enim in re est aliud, si plebeiam 
patricius duxerit, si patriciam plebeius ? Quid iuris 
tandem mutatur? Nempe patrem sequuntur liberi. 
12 Nee quod iios ex conubio vestro petamus quicquam 
est, praeterquam ut hominum, ut civium numero 
simus, nee vos, nisi in contumeliam ignominiamque 
nostram certare iuvat, quod contendatis quicquam 
est. 

V. " Denique utrum tandem populi Romani an 
vestrum summum imperium est? Regibus exactis 
utrum vobis dominatio an omnibus aequa libertas 

2 parta est ? Oportet licere populo Romano, si velit, 
iubere legem ; an, ut quaeque rogatio promulgata 
erit, vos dilectum pro poena decernetis, et, simul 
ego tribunus vocare tribus in suffragium coepero, 
tu statim consul sacramento iuniores adiges et in 
castra educes et minaberis plebi, minaberis tribuno? 

3 Quid si non quantum istae minae adversus plebis 
consensum valerent, bis iam experti essetis ? Scilicet 
quia nobis 3 consultum volebatis, certamine absti- 
nuistis ; an ideo non est dimicatum, quod quae pars 

4 firmior eadem modestior fuit ? Nee nunc erit 
certamen, Quirites ; animos vestros illi temptabunt 

6 semper, vires non experientur. Itaque ad bella 

1 civitate fl: ciuitates MA 3 . 2 nee XI : ne U$-> 

3 nobis 5- : uobis n. 

1 In the plebeian secessions of 494 and 449 B.C. 

272 



BOOK IV. iv. lo-v. 5 

society and make two states out of one. Why do B.C. 445 
you not enact that a plebeian shall not live near a 
patrician, nor go on the same road ? That he shall 
not enter the same festive company ? That he shall 
not stand by his side in the same Forum ? For 
what real difference does it make if a patrician takes 
a plebeian wife, or a plebeian a patrician ? What 
right, pray, is invaded ? The children of course take 
the father's rank. There is nothing we are seeking 
to gain from marriage with you, except that we 
should be accounted men and citizens. Neither 
have you any reason to oppose us, unless you 
delight in vying with each other how you may 
outrage and humiliate us. 

V. " Finally I would ask, is it you, or the Roman 
People, who have supreme authority ? Did the 
banishment of the kings bring you dominion, or to 
all men equal liberty ? Ought the Roman People to 
be permitted, if it so desire, to enact a law ; or shall 
you, as each proposal is brought up, proclaim a levy 
by way of penalty, and so soon as I, the tribune, 
begin to summon the tribes to vote, shall you, the 
consul, at once administer the oath to those of military 
age and march them out to camp, with threats against 
the plebs and with threats against the tribune ? How 
would it be if you had not twice 1 already proved how 
little those threats of yours are worth against the 
unanimous will of the plebs? I suppose it was con- 
sideration for our good that made you refrain from 
fighting? Or was this rather the reason there was 
no strife, because the stronger side was also the 
more moderate ? Neither will there be any struggle 
now, Quirites; they will always test your courage; 
but will never put your strength to the proof. And 

273 



LIVY 

i.c.o. ista. seu falsa seu vera sunt, consules, parata vobis 

309 

plebes est, si conubiis redditis unam hanc civitatem 
tandem facitis ; si coalescere, si iungi miscerique 
vobis privatis necessitudinibus possunt ; si spes, si 
aditus ad honores viris strenuis et fortibus datur ; 
si in consortio, si in societate rei publicae esse, si, 
quod aequae libertatis est, in vicem annuis magis- 
6 tratibus parere atque imperitare licet. Si haec 
impediet aliquis, ferte sermonibus et multiplicate 
fama bella ; nemo est nomen daturus, nemo arma 
capturus, nemo dimicaturus pro superbis dominis, 
cum quibus nee in re publica honor um nee in privata 
conubii societas est." 

VI. Cum in contionem consules processissent et 
res a perpetuis oratioiiibus in altercationem vertisset, 
interroganti tribune cur plebeium consulem fieri 

2 non oporteret, ut fortasse vere, sic parum utiliter 
in praesens Curtius * responditj " Quod nemo 
plebeius auspicia haberet, ideoque decemviros conu- 
bium diremisse ne incerta prole auspicia turba- 

3 rentur." Plebes ad id maxime indignatione exarsit, 
quod auspicari, tamquam invisi dis immortalibus^ 
negarentur posse ; nee ante finis contentionum fuit, 
cum et tribunum acerrimum auctorem plebes nacta 
esset et ipsa cum eo pertinacia certaret, quam 

1 Curtius Walters : certamen fl. 
274 



BOOK IV. v. 5-vi. 3 

so the commons are ready, consuls, for those wars B c 445 
you deal in, be they feigned or genuine, if you give 
them back their right of intermarriage, and make 
this a single state at last: if you enable them to 
coalesce, to unite, to merge with you in domestic 
alliances ; if the hope of attaining honours is held 
out to strenuous men and brave ; if they are granted 
a share in the partnership of government ; if, in the 
enjoyment of equal liberty, they are allowed to 
govern and obey in turn, with the annual change of 
magistrates. If anyone shall prevent these reforms, 
you may talk of wars, and multiply them in the 
telling ; but nobody will give in his name, nobody 
will take up arms, nobody will fight for haughty 
masters with whom he has no association in the 
honours of the state nor in the marriages of private 
life." 

VI. When the consuls had come forth to the 
people and set speeches had given place to wrangling, 
the tribune demanded what reason there was why 
a plebeian should not be chosen consul ; to whom 
Curtius replied, with truth perhaps, yet, in the 
circumstances, to little purpose, " because no plebeian 
has the auspices, and that is the reason the decem- 
virs have forbidden intermarriages, lest the auspices 
should be confounded by the uncertain standing 
of those born of them." At this the plebs fairly 
blazed with indignation, because it was declared 
that they could not take auspices, as though they 
were hated by the immortal gods ; nor was the con- 
troversy ended for the plebeians had got a most 
energetic champion in their tribune, and rivalled 
him themselves in determination, until at last the 
patricians were beaten, and allowed the law regard- 

275 



LIVY 

A.U.O. victi tandem patres ut de conubio ferretur con- 

4 cessere, 1 ita maxime rati contentionem de plebeiis 
consulibus tribunes aut totam deposituros aut post 
bellum dilaturos esse, contentamque interim co- 
nubio plebem paratam dilectui fore. 

5 Cum Canuleius victoria de patribus et plebis 
favore ingens esset, accensi alii tribuni ad certamen 
pro rogatione sua summa vi pugnant et crescente 

6 in dies fama belli dilectum impediunt. Consules, 
cum per senatum intercedentibus tribunis nihil agi 
posset, concilia 2 principum domi habebant. Appare- 
bat aut hostibus aut civibus de victoria concedendum 

7 esse. Soli ex consularibus Valerius atque Horatius 
non intererant consiliis. C. Claudi sententia con- 
sules armabat in tribunes ; Quinctiorum, Cincin- 
natique et Capitolini, sententiae abhorrebant a caede 
violandisque quos foedere icto cum plebe sacro- 

8 sanctos accepissent. Per haec consilia eo deducta 
est res ut tribunes militum consular! potestate pro- 
misee 3 ex patribus ac plebe creari sinerent, de 
consulibus creandis nihil mutaretur ; eoque contenti 

9 tribuni, contenta plebs fuit. Comitia tribunis con- 

1 concessere Rhenanus : consensere concessere V. : con- 
senserere concessere M: consensere A. 

2 concilia Gronov : consilia 1. 

8 promisee Conway : prorniscue UOHA : promiscuae H. 

1 The first recorded instance of the tribunician veto being 
exercised upon a decree of the senate. 

2 Leaders of that element in the senate which stood for a 
policy of conciliation, and authors of the Valerio-Horatiaw 
laws (in. li.-lv.). 

276 



BOOK IV. vi. 3-9 

ing intermarriage to be passed, chiefly because they B.C. 445 
thought that so the tribunes would either wholly 
give over their contention for plebeian consuls or 
would postpone it until after the war, and that the 
plebs meantime, contented with the right to inter- 
marry, would be ready to submit to the levy. 

But since Canuleius was grown so great through 
his victory over the patricians and the favour of the 
plebs, the other tribunes were encouraged to take 
up the quarrel ; and they fought for their measure 
with the utmost violence, hindering the levy, though 
the rumours of war increased from day to day. The 
consuls, since they were powerless to do anything 
through the senate when the tribunes interposed 
their veto, 1 held councils of their leading men in 
private. It was clear that they must submit to be 
conquered either by the enemy or by their fellow 
citizens. Of all the consulars only Valerius and 
Horatius 2 took no part in their deliberations. Gaius 
Claudius spoke in favour of arming the consuls 
against the tribunes ; the Quinctii, both Cincinnatus 
and Capitolinus, were opposed to bloodshed and to 
injuring those whom they had acknowledged by a 
solemn treaty with the plebs to be inviolable. The 
upshot of these consultations was this, that they 
permitted military tribunes with consular authority 
to be chosen indifferently from the patriciate and 
the plebs, 3 but made no change in the election of 
consuls. With this decision both tribunes and 
commons were content. An election was called, for 

3 The office thus instituted (very probably by a special 
law, cf. chap. xxxv. 10) was not finally given up till 367 B.C. 
During this period consuls were chosen twenty-two times 
and tribunes fifty-one times. 

277 
VOL. II. K 



LIVY 

A.U.O. sulari potestate tribus creandis indicuntur. Quibus 
indictis extemplo quicumque aliquid seditiose dixerat 
aut fecerat unquam, 1 maxime tribunicii, et prensare 
homines et concursare toto foro candidati coepere, 

10 ut patricios desperatio primo inritata plebe api- 
scendi honoris, deinde indignatio, si cum his ge- 
reiidus esset honos, deterreret. Postremo coacti 
tamen a primoribus petiere, ne cessisse possessione 

11 rei publicae viderentur. Eventus eorum comitiorum 
docuit alios animos in contentione libertatis digni- 
tatisque, alios secundum deposita certamina incor- 
rupto iudicio esse ; tribunos enim omnes patricios 
creavit populus, contentus eo quod ratio habita 

12 plebeiorum esset. Hanc modestiam aequitatemque 
et altitudinem animi ubi nunc in uno inveneris, quae 
turn populi universi fait ? 

A.U.O. VII. Anno trecentesimo decimo quam urbs Roma 

coiidita erat primum tribuni militum pro consulibus 
magistratum ineunt, A. Sempronius Atratinus L. 
Atilius T. Cloelius/ 2 quorum in magistratu con- 
2 cordia domi pacem etiam foris praebuit. Sunt qui 
propter adiectum Aequorurn Volscorumque bello et 
Ardeatium defectioni Veiens belluin, quia duo con- 
sules obire tot simul bella nequirent, tribunos mili- 
tuin tres creates dicant, sine mentione promulgatae 

1 unquam Crevier : hunc quam n. 

2 Cloelius Sigonius (Dion. Hal. xi. Ixi. 3): caecilius (or 
cecilius) n : caelius (or celius) ALL. 

1 Other Atilii were plebeians (see e. g. Liv. v. xiii. 3), 
hence Niebuhr conjectured that Livy was in error in stating 
that the three tribunes were all patricians. 

278 



BOOK IV. vi. 9-vn. 2 

choosing three tribunes with consular powers. No B.C. 445 
sooner was it proclaimed than everybody who had 
ever spoken or acted in a seditious manner, especially 
those who had been tribunes, fell to canvassing 
voters and bustling about all over the Forum in the 
white robes of candidates ; so that the patricians, what 
with despair of obtaining office now that the plebs 
were so wrought up, and what with scorn if they 
must share its administration with these fellows, 
were deterred from standing. At last, however, they 
were compelled by their leaders to compete, lest 
they might seem to have surrendered the control of 
the commonwealth. The outcome of this election 
showed how different are men's minds when struggling 
for liberty and station from what they are when 
they have laid aside their animosities and their 
judgment is unbiassed ; for the people chose all the 
tribunes from among the patricians, quite satisfied 
that plebeians should have been allowed to stand. 
Where shall you now find in one single man that 
moderation, fairness, and loftiness of mind, which at 
that time characterized the entire people ? 

VII. In the year three hundred and ten from B.O. iu 
the founding of Rome, military tribunes for the first 
time took office in place of consuls. Their names 
were Aulus Sempronius Atratinus, Lucius Atilius, 1 
and Titus Cloelius. Daring their administration 
domestic harmony insured peace abroad, as well. 
(Some say that on account of a war with Veii, which 
broke out in addition to the war with the Aequi 
and Volsci and the revolt of the men of Ardea, two 
consuls were unable to cope with so many wars at 
once, and therefore three military tribunes were 
created. These writers say nothing of the pro- 

279 



LIVY 

i.u.o. legis de consulibus creandis ex plebe, et imperio 

3 et insignibus consularibus usos. Non tamen pro fir- 
mato iam stetit magistratus eius ius, quia tertio mense 
quam inierunt, augurum decreto perinde ac vitio 
creati, honore abiere, quod C. Curtius, 1 qui comitiis 
eorum praefuerat, parum recte tabernaculum cepisset. 

4 Lejrati ab Ardea Rornam venerunt. ita de iniuria 

o * 

querentes ut si demeretur ea in foedere atque 
6 amicitia mansuros restitute agro appareret, Ab 
senatu responsum est iudicium populi rescindi ab 
senatu non posse, praeterquam quod nullo nee 
exemplo nee iure fieret, concordiae etiam ordinum 

6 causa : si Ardeates sua tempora exspectare velint 
arbitriumque senatui levandae iniuriae suae permit- 
tant, fore ut postmodo gaudeant se irae moderates, 
sciantque patribus aeque curae fuisse ne qua iniuria 

7 in eos oreretur ac ne orta diuturna esset. Ita legati 
cum se rem integram relaturos dixissent, comiter 
dimissi. 

Patricii, cum sine curuli magistratu res publica 
esset, coiere et interregem creavere. Contentio 
consul esne an tribuni militum crearentur in inter- 

1 C. Cnrtius Sigoniics (cf. chap. i. 1) : centum curiatius 
MA 2 : c. curiatius (c. curatius V) H. 

1 The lictors, with their rods and axes. 

2 The tabernaculum was a tent erected on the templum, or 
place marked out for the augural ceremony. Through an 
aperture in its roof the sky was watched for the flight 
of birds. Any flaw in the procedure would vitiate the 
subsequent election. 

280 



BOOK IV vn. 2-7 

mulgation of a law about the election of consuls B.O 4-y 
from the plebs, but record that the three tribunes 
enjoyed the authority and insignia 1 of consuls.) 
Still, the power of that magistracy was not yet 
upon a firm footing, for three months after they 
had taken up their office they laid it down, the 
augurs having decreed that there had been a flaw 
in their election, because Gaius Curtius, who had 
presided over the assembly, had not properly selected 
the ground for the tent. 2 

Ambassadors from Ardea came to Rome, com- 
plaining of the injustice done them, and with such 
fairness that it was evident that if they were 
granted redress, through the restoration of their 
land, they would abide by the treaty and remain 
friendly. The senate replied that the judgment 
of the people could not be rescinded by them, not 
only because they had no precedent or authority 
for such action, but also because they had regard 
to the harmony between the orders, if the Ardeates 
would bide their time and leave the senate to 
decide upon a remedy for the injury done them, 
the day would come when they would be glad that 
they had controlled their anger, and they would 
learn that the senators had been equally concerned 
that no wrong should be done them and that 
what had been done should be speedily redressed. 
So the ambassadors, having said that they would 
refer the whole matter to their people, were 
courteously dismissed. 

The patricians, since the state was without any 
curule magistrate, met and chose an interrex. A 
dispute whether consuls or military tribunes should 
be appointed kept the state in an interregnum for 

281 



LIVY 

AUO 8 regno rem dies complures tenuit. Interrex ac 
sib senatus consul um comitia, tribuni plebis et plebs 
tribunorum militum ut habeantur tendunt. Vice- 
runt patres, quia et plebs, patriciis seu hunc seu ilium 
9 delatura honorem, frustra certare supersedit, et 
principes plebis ea comitia malebant quibus noil 
haberetur ratio sua, quam quibus ut indigni prae- 
terirentur. Tribuni quoque plebi certamen sine 
effectu in beneficio apud primores patrum reliquere. 

10 T. Quinctius Barbatus interrex consules creat L. 
Papirium Mugillanum, 1 L. Sempronium Atratinum. 
His consulibus cum Ardeatibus foedus renovatum 
est ; idque monument! est consules eos illo anno 
fuisse, qui neque in annalibus priscis neque in libris 

11 magistratuum inveniuntur. Credo quod tribuni 
militum initio anni fuerimt. eo perinde ac si toturn 
annum in imperio iuerint, sufiectos iis consules 

12 praetermissos. Nomina 2 consulum horum Licinius 
Macer auctor est et in foedere Ardeatino et in 
linteis libris ad Monetae inventa. Et foris, cum tot 
terrores a finitimis ostentati essent, et domi otium 
i'uit. 

AUG. VIII. Hunc annum, seu tribunos modo seu tribunis 

311 suffectos consules quoque liability sequitur annus 

1 Mugillanum r Sigonius (cf. C.I.L. i z , p. 112 ; Dion. Hal. 
XI. Ixii. 2) : mngilanum fl. 

2 suffectos iis consules praetermissos. Nomina Madvig : 
suftectis (sufifecti U) iis (his 0) consulibus praetermissa 
nomina H. 



1 Perhaps the Aiinales Maximi. 

* Livy perhaps has in mind Libri consular es, or lists of 
consuls. 

282 



BOOK IV. vn. 7-vin. i 

several days. The interrex and the senate held out B.C. 444 
for the election of consuls ; the plebeian tribunes 
and the plebs were for military tribunes. Victory 
rested with the senators, not only because the plebs 
gave up the idle contest whether they should confer 
this honour or that upon the patricians, but also 
because the leaders of the plebs preferred an election 
in which they would not be reckoned candidates to 
one in which they would be passed over as un- 
worthy. The tribunes, too, of the plebs relinquished 
the unavailing contest in favour of the leaders of the 
patricians. Titus Quinctius Barbatus, as interrex, 
declared the election of Lucius Papirius Mugillanus 
and Lucius Sempronius Atratinus. In their consul- 
ship the treaty with the Ardeates was renewed ; and 
in this lies the proof that these men were consuls 
that year, although their names are found neither in 
the ancient annals l nor in the lists of magistrates ; 2 
I suppose that, because there were military tribunes 
in the beginning of the year, the consuls who were 
elected in their place were passed over as if the 
tribunes had been in power throughout the year. 
Licinius Macer testifies that the names of these 
consuls were given both in the treaty with Ardea 
and in the Linen Rolls in the temple of Moneta. 3 
Things were quiet both abroad and at home, despite 
the numerous alarms which neighbouring states had 
caused. 

VIII. This year, whether it had tribunes only or 8.0.443 
tribunes succeeded by consuls, was followed by one 

3 The temple of Juno Moneta was erected on the Capitoline 
Hill in 344 B.C. (vn. xxviii. 6). The Linen Rolls which 
Livy tells us were preserved there contained chronological 
lists of magistrates. 



o 



283 



LIVY 

A.U.O baud dubiis consulibus, M. Geganio Macerino iterum 

311 

2 T. Quinctio Capitolino quintum. 1 Idem hie annus 
censurae initium fuit, rei a parva origine ortae, quae 
delude tanto incremento aucta est ut morum dis- 
ciplinaeque Romanae penes cam regimen, senatui 2 
equitumque centuriis decoris dedecorisque discrimen 
sub dicione eius magistrates, ius publicorum 3 priva- 
torumque locorum, vectigalia populi Romani sub 

3 riutu atque arbitrio eius 4 essent. Ortum autem 
initium est rei, quod in populo per multos annos 
incenso neque differri census poterat neque consuli- 
bus, cum tot populorum bella imminerent, operae 

4 erat id negotium agere. Mentio inlata ad senatum 5 
est rem operosam ac minime consularem suo proprio 
magistratu egere, cui scribarum ministerium custo- 
diaeque tabularum 6 cura, cui arbitrium formulae 

6 censendi subiceretur. Et patres quamquam rem 
parvam, tarnen quo plures patricii magistratus in re 
publica essent, laeti accepere, id quod evenit, futu- 
rum, credo, etiam rati, ut mox opes eorum qui 
praeesseiit ipsi honori ius maiestatemque adicerent ; 

Get tribuni, id quod tune erat, rnagis necessarii 7 quam 
speciosi ministerii procurationem intuentes, ne in 

1 quintum Gronovius : quintum consule (consulem 0) fl. 

2 senatui M. Mueller : senatu 1. 

2 publicorum M : pulilicorum ius H. 

4 urbitrio eius Luterbacher : arbitrio fl. 

5 ad senatum F^Alsrhefski : ab senatum MPB: ab senatu n. 

6 tabularum Crevier : et tabularum n : et tabularis M ? 

7 necessarii Madvig : necessarium fi. 

284 



BOOK IV. viii. 1-6 

which had consuls about whom there is no question. B.C. 
These were Marcus Geganius Macerinus, for the 
second time, and Titus Quinctius Capitolinus, for 
the fifth time. This same year saw the adoption 
of the censorship, an institution which originated 
in a small way but afterwards grew to such dimen- 
sions that it was invested with the regulation of the 
morals and discipline of the Romans. The distribu- 
tion of honour and ignominy amongst the senate and 
the centuries of the knights was controlled by this 
magistracy, while jurisdiction over public and private 
sites, together with the revenues of the Roman 
People, were entirely subject to its discretion. 
What first gave rise to the office was this : the 
people had not been rated for many years and the 
census could not be postponed ; yet the consuls, 
when so many nations threatened war, had no time 
for this work. The subject was brought up in the 
senate, where it was held that the task, which was 
a laborious one and beneath the dignity of a consul, 
required its own proper magistrates, who should 
have a staff of clerks, assume the custody of the 
records, and regulate the form of the census. The 
senators, though it was a small matter, nevertheless 
gladly welcomed the suggestion, in order that 
there might be more patrician magistracies in the 
administration of the state. They thought even 
then, I imagine, as afterwards proved to be the 
case, that it would not be long before the con- 
sequence of those who held the office would lend 
authority and dignity to the office itself. The 
tribunes also, regarding it as a necessary rather 
than a showy service, as in those days it actually 
was, did not hold out against the plan, lest they 

285 



LIVY 

A.U.O. parvis quoque rebus incommode adversarentur, baud 
7 sane tetendere. Cum a primoribus civitatis spretus 
honor esset, Papirium Semproniumque, quorum de 
consulatu dubitatur, 1 ut eomagistratu parum solidum 
consulatum explerent, censui agendo populus suffra- 
giis praefecit. Censores ab re appellati sunt. 

IX. Dum haec Romae geruntur, legati ab Ardea 
veniunt pro veterrima societate renovataque 2 foedere 
recenti auxilium prope eversae urbi implorantes. 

2 Frui namque pace optimo consilio cum populo 
Romano servata per intestina arma non licuit ; 
quorum causa atque initium traditur ex certamine 

3 factionum ortum, quae fuerunt eruntque pluribus 
populis exitio 3 quam bella externa, quam fames 
morbive, quaeque alia in deum iras velut ultima 

4 publicorum malorum vertunt. Virginem plebeii 
generis maxime forma notam duo 4 petiere iuvenes, 
alter virgini genere par, tutoribus fretus, qui et ipsi 
eiusdem corporis erant, nobilis alter, nulla re praeter- 

5 quam forma captus. Adiuvabant eum optumatium 
studia, per quae in domum quoque puellae certamen 
partium penetravit. Nobilis superior iudicio matris 
esse, quae quam splendidissimis nuptiis iungi puellam 
volebat : tutores in ea quoque re partium memores 

6 ad suum tendere. Cum res peragi intra parietes 

1 dubitatur $- : dubitur Hi dubitabatur ft. 

2 renovataque Conway : renouatoque n. 

3 exitio Weseiiberg : magis exitio 1. 
* notam duo Kiehl : notam il. 

1 i.e. the aristocratic party. 
286 



BOOK IV. vin. 6-ix. 6 

might seem to be vexatiousl y obstinate even in B.C. 443 
trifles. The principal men in the state scorned the 
office, and the taking of the census was, by the 
votes of the people, committed to Papirius and 
Sempronius (whose consulship is questioned), tliat 
they might round out their incomplete year of 
office with this magistracy. They were called 
censors from their function. 

IX. While these things were going on in Rome, 
there came envoys from Ardea begging the Romans 
in the name of their ancient alliance, renewed by 
the recent treaty, to send help to their city, which 
was on the brink of ruin. For the enjoyment of 
peace, which they had most wisely preserved with 
the Roman People, had been denied them, owing 
to civil war. This is said to have had its cause 
and origin in the rivalry of factions, which have 
been and will be fraught with destruction to more 
nations than foreign wars, or famine and pestilence, 
or whatsoever other scourges men attribute, as the 
most desperate national calamities, to the wrath of 
Heaven. A maiden of plebeian family who was 
famous for her beauty had two youthful suitors. 
One was of her own class and relied on the approval 
of her guardians, who were themselves of the same 
standing. The other was a noble, captivated solely 
by her good looks, who was supported by the favour 
of the optimates, 1 which resulted in the introduction 
of party strife into the household of the girl herself. 
The noble was preferred by the mother, who wished 
her daughter to make as grand a match as possible. 
The guardians, mindful even in a matter like this 
of political interests, held out for their fellow 
plebeian. When the dispute could not be settled 

287 



LIVY 

A.U.O. nequisset, ventum in ius est. Postulatu audito matris 
tutorumque magistratus secundum parentis arbitrium 

7 dant ius nuptiarum. Sed vis potentior fuit ; namque 
tutores, inter suae partis homines de iniuria decreti 
palam in foro contionati, manu facta virginem ex 

8 domo matris rapiunt ; adversus quos infestior coorta 
optumatium acies sequitur accensum iniuria iuvenem. 
Fit proelium atrox. Pulsa plebs, nihil Romanae plebi 
similis, armata ex urbe profecta colle quodam capto 
in agros optumatium cum ferro ignique excursiones 

9 facit ; urbem quoque omni 1 etiam expertium 2 ante 
certaminis multitudine opificum ad spem praedae 

10 evocata obsidere parat ; nee ulla species cladesque 
belli abest velut contacta civitate rabie duorum 
iuvenum funestas nuptias ex occasu patriae peten- 

11 tium. Parum parti utrique domi armorum bellique 
est visum ; optumates Romanes ad auxilium urbis 
obsessae, plebs ad expugnandam secum Ardeam 

12 Volscos excivere. Priores Volsci duce Aequo Cluilio 3 
Ardeam venere et moenibus hostium vallum obiecere. 

13 Quod ubi Romam est nunliatum, extemplo M. 
Geganius consul cum exercitu profectus tria milia 
passuum ab hoste locum castris cepit praecipitique 

1 omni Morstadt : omnis fl. 

2 expertium Walters : expertem n. 

3 Cluilio r : ciuilio YD^A* (or A 3 ) : ciuili fl. 

1 The injustice probably lay in the disregard of the 
guardians' traditional right to dispose of the hand of their 
ward. The mother herself would be a ward. 

2 This looks as though the Volscian party were free 
lances, since a regular army would hardly have been led 
by an Aequian. 

288 



BOOK IV. ix. 6-13 

privately, a suit was instituted. After listening to the B.C. 443 
pleas of the mother arid the guardians, the magis- 
trates decreed that the mother should have power 
to decide as she saw fit about the marriage. But 
violence was stronger than they ; for the guardians, 
after openly addressing a crowd of their own party 
in the market-place, on the injustice x of the de- 
cision, collected a party and carried the girl off 
from her mother's house. To confront them an 
even more warlike band of nobles gathered, under 
the leadership of the injured and indignant youth, 
and a desperate battle followed. The plebs were 
routed, but, unlike the Roman plebs, having armed 
and withdrawn from their city and encamped upon 
a certain hill, they sallied forth, sword and torch in 
hand, to sack the farms of the nobles. They even 
prepared to besiege the city itself, for the entire 
body of artizans, even those who had hitherto had no 
part in the quarrel, had been called out by the hope 
of plunder ; nor was there wanting any form of the 
horrors of war, as though the nation had been infected 
with the madness of the two young men who sought 
a fatal marriage in the ruin of their country. 
Neither side saw that there had been enough of war 
and arms at home; the optimates called upon the 
Romans to relieve their beleaguered city ; the 
plebeians sent for the Volsci to help them capture 
Ardea. The Volsci, with the Aequian Cluilius for 
their leader, 2 were the first to reach Ardea, and 
threw up intrenchments against the walls of their 
enemies. When the news was brought to Rome, 
Marcus Geganius the consul immediately set out 
w T ith an army. When three miles from the enemy 
he chose a place for his camp ; and as the day was 

289 



LIVY 

A u.c. iam die curare corpora milites iubet. Quarta deinde 

311 

vigilia sigria profert, coeptumque opus adeo adpro- 
peraturn est ut sole orto Volsci firmiore se muni- 
mento ab Roman is circumvallatos quam a se urbem 
14 viderent ; et alia parte consul muro Ardeae bracchium 
iniunxerat, qua ex oppido sui commeare possent. 

X. Volscus imperator, qui ad earn diem non com- 
meatu praeparato sed ex populatione agrorum rapto 
in diem frumento aluisset militem, postquam saeptus 
vallo repente inops omnium rerum erat, ad conlo- 
quium consule evocato, si solvendae obsidionis causa 
venerit Romanus, abducturum se inde Volscos ait. 

2 Adversus ea consul victis condiciones accipiendas 
esse, non ferendas respondit, neque ut venerint ad 
oppugnandos socios populi Romani suo arbitrio, ita 

3 abituros Volscos esse. Dedi imperatorem, arma poni 
iubet, et fatentes victos se esse l imperio parere ; 
aliter tarn abeuntibus quam manentibus se hostem 
infensum victoriam potius ex Volscis quam pacem 

4 infidam Romam relaturum. Volsci exiguam spem in 
armis alia undique abscisa cum temptasseiit, praeter 
cetera adversa loco quoque iniquo ad pugnain con- 

1 et fatentes victos se esse Walters: fatentes uictos se 

esse et n. 

1 Apparently the Volsci had not succeeded in drawing 
their lines completely round the city. 

290 



BOOK IV. ix. i3-x. 4 

now fast drawing to a close, ordered his soldiers B.C. 443 
to refresh themselves. Then in the fourth watch 
he marched out, and commencing a contravallation, 
made such speed that at sunrise the Volsci per- 
ceived that they were more securely hemmed in 
by the Romans than was the city by themselves ; 
and on one side the consul had thrown out a 
work to join the walls of Ardea, in order that his 
friends in the town might be enabled to come and 

go- 1 

X. The Volscian commander, who had maintained 

his men up to that time not out of a store provided 
in advance, but with corn taken from day to day in 
pillaging the country-side, was no sooner shut in by 
the rampart than he found himself all at once 
destitute of everything. He therefore invited the 
consul to a parley, and said that if the Roman 
general had come for the purpose of raising the 
siege, he would lead the Volscians off. The consul 
replied that it was for the conquered to accept 
terms, not to make them ; the Volsci had consulted 
their own pleasure in coming to attack the allies of 
the Roman People ; it would be otherwise with their 
departure. He ordered them to surrender their 
general, to lay down their arms, and, confessing 
themselves defeated, to yield to his authority ; if 
they did not, he would be their determined enemy, 
whether they attempted to go or to stay, and would 
rather bring back to Rome a victory over the Volsci 
than a treacherous peace with them. The Volsci, 
testing the small hope that arms held out to them 
for all other hope had been cut off fought, not to 
speak of other disadvantages, in a position that was 
unfavourable for battle and still more unfavourable 

291 



LIVY 

A.U.O. gressi, iniquiore ad fugam, cum ab omni parte 
caederentur, ad preces a certarnine versi, dedito 
imperatore traditisque armis sub iugum missi cum 
singulis vestimentis ignominiae cladisque pleni dimit- 

5 tuntur ; et cum baud procul urbe Tusculo conse- 
dissent, vetere Tusculanorum odio inermes oppress! 

6 dederunt poenas vix nuntiis caedis relictis. Romanus 
Ardeae turbatas seditione res principibus eius motus 
securi percussis bonisque eorum in publicum Ardea- 
tium redactis composuit ; demptamque iniuriam 
iudicii tanto beneficio populi Roman! Ardeates crede- 
bant ; senatui superesse aliquid ad delendum pablicae 

7 avaritiae monumentum videbatur. Consul triumphans 
in urbem redit Cluilio 1 duce Volscorum ante currum 
ducto praelatisque spoliis quibus dearmatum exer- 
citum hostium sub iugum miserat. 

8 Aequavit, quod hand facile est, Quinctius consul 
togatus armati gloriam collegae, quia concordiae 
pacisque domesticae 2 curarn iura infimis summisque 
moderando ita tenuit ut eum et patres severum con- 

9 sulem et plebs satis comem crediderint. Et ad- 
versus tribunos auctoritate plura quam certamine 
tenuit ; quinque consulatus eodem tenore gesti 
vitaque omnis consulariter acta verendum paene 

1 Cluilio Vascosanus: ciuilio MOHD [LA : ciuili F? PFUJ'>. 

2 domesticae Jac. Gronov. : domesticam fl. 

1 Whereby certain land over which Ardea and Aricia were 
in litigation was awarded by the Roman People to them- 
selves. See in. Ixxi. and IV. i. 4. 

292 



BOOK IV. x. 4-9 

for flight ; and being cut to pieces on every side, B.C. 443 
left off fighting and fell to entreaties ; and after 
giving up their general and handing over their 
weapons, were sent under the yoke, with a single 
garment each, and so dismissed, overwhelmed with 
shame and disaster. But on their encamping not 
far from the city of Tusculum, the Tusculans, upon 
an old grudge, attacked them in their defenceless 
state, and exacted so heavy a penalty that they 
scarce left any to report the massacre. The 
Roman commander, finding Ardea distracted by 
sedition, composed its troubles by beheading the 
ringleaders of the revolt and confiscating their 
property to the public treasury of the Ardeates. 
The townsmen thought that the great service which 
the Roman People had thus rendered them had can- 
celled the injustice of the judgment, 1 but the 
Roman senate felt that something still remained 
to do in order to wipe out that reminder of the 
national greed. The consul returned to the City and 
triumphed, making Cluilius, the leader of the Volsci, 
walk before his chariot, and displaying the spoils 
which he had taken from the hostile army, before 
sending them under the yoke. 

It is no easy thing to do, but the consul Quinctius 
equalled in civil life the fame of his armed colleague ; 
for so well did he maintain domestic peace and 
concord, by tempering the law to high and low, 
that the Fathers regarded him as a strict consul, 
and the plebs as mild enough. He held his 
own, too, with the tribunes, more by his personal 
influence than by contending with them. Five 
consulships administered on the self-same principles, 
and a life which had been throughout of consular 

293 



L1VY 

A.U c. ipsum magis quam honorem faciebant. Eo tribuno- 

rum militarium nulla mentio his consulibus fuit. 
A ; l ;- a XI. Consules creantur l M. Fabius Vibulanus, 

2 Postumus Aebutius Cornicen. Fabius et Aebutius 
consules, quo maiori gloriae rerum domi forisque 
gestarum succedere se cernebant, maxime autem 
memorabilem annum apud finitimos socios hostesque 
esse, quod Ardeatibus in re praecipiti tanta foret 

3 cura subventum, eo impensius, ut delerent prorsus 
ex animis hominum infamiam iudicii, senatus con- 
sultum fecerunt ut, quoniam civitas Ardeatium 
intestine tumultu redacta ad paucos esset, coloni eo 

4 praesidii causa adversus Volscos scriberentur. Hoc 
palam relatum in tabulas, ut plebem tribunosque 
falleret iudicii rescindendi consilium initum ; con- 
senserant autem ut multo maiore parte Rutulorum 
colonorum quam Romanorum scripta nee ager ullus 
divideretur nisi is, qui interceptus iudicio infami 
erat, nee ulli prius Romano ibi quam omnibus Rutu- 

5 lis divisus esset, gleba ulla agri adsignaretur. Sic 
a<rer ad Ardeates rediit. Triumviri ad coloniam 

c? 

Ardeam deducendam creati Agrippa Menenius T. 

6 Cloelius 2 Siculus, M. Aebutius Helva; qui praeter 
minime populare ministerium, agro adsignando sociis 
quern populus Ilomanus suum iudicasset cum plebem 

1 creantur V : creant fl (which give, the names following 
in tl<c ace., while V has the nom.). 

2 Cloelius ?-: cluilius VMPFB: ciuilius OIfD 3 LA: ciuiuus 
D: cluilius UP. 

1 As a senatus consultum, to be submitted to the people for 
ratification. 

294 



BOOK IV. x. 9-xi. 6 

dignity, made the man himself almost more revered B.C. 443 
than his office. Hence there was no talk of military 
tribunes while these men were consuls. 

XI. Marcus Fabius Vibulamis and Postumus B.c,4i r ; 
Aebutius Comicen were elected to the consulship. 
These men, perceiving that they succeeded to a 
period of great renown for civil and military 
achievements, and that nothing made the year so 
memorable in the eyes of neighbouring peoples, 
both allies and enemies, as the earnestness with 
which the Romans had come to the assistance of the 
Ardeates in their dangerous crisis, were the more 
concerned to erase completely from men's minds 
the disgrace of the judgment. They accordingly 
caused the senate to decree that inasmuch as the 
citizens of Ardea had been reduced by domestic 
troubles to a small number, colonists should be 
enrolled to defend that city against the Volsci. 
This was the form in which the decree was drawn 
up and published, 1 that the plebs and the tribunes 
might not perceive that a plan was on foot for 
rescinding the judgment ; but the senators had 
privately agreed that they would enrol as colonists 
a much larger proportion of Rutulians than Romans, 
and that no land should be parcelled out except that 
which had been sequestered by the infamous decision, 
nor a single clod assigned there to any Roman until 
all the Rutulians had been provided for. Thus the 
land reverted to the Ardeates. As triumvirs for 
establishing the colony at Ardea they appointed 
Agrippa Menenius, Titus Cloelius Siculus, Marcus 
Aebutius Helva. These men not only had a far from 
popular service to perform, and offended the plebs by 
assigning to the allies land which the Roman People 

295 



LIVY 

A.UO. offendissent, ne primoribus quidem patrum satis 

7 accept!, quod nihil gratiae cuiusquam dederant, vexa- 

tiones ad populum iam die dicta ab tribunis, re- 

manendo l in colonia, quam testem integritatis 

iustitiaeque habebant, vitavere. 

A.U.C. XII. Pax domi fovisque firit et hoc et insequente 

o~i _O"1 A 

anno C. Furio Paculo 2 et M. Papirio Crasso consuli- 

2 bus. Ludi ab decemviris per secessionem plebis a 
patribus ex senatus consulto voti eo anno facti sunt. 

3 Causa seditionum nequiquam a Poetelio 3 quaesita, 
qui tribunus plebis iterum ea ipsa denuntiando factus 

4 neque ut de agris dividendis plebi referrent consules 
ad senatum pervincere potuit, et cum magno certa- 
mine obtinuisset ut consulerentur patres, consulum 
an tribunorum placeret comitia haberi, consules 

6 creari iussi sunt ; ludibrioque erant minae tribuni 
denuntiantis se dilectum impediturum, cum quietis 
finitimis neque bello neque belli apparatu opus 
esset. 

6 Sequitur hanc tranquillitatem rerum annus Proculo 
Geganio Macerino L. Menenio Lanato consulibus 
multiplici clade ac periculo insignis, seditionibus, 
fame, regno prope per largitionis dulcedinem in 

7 cervices accepto ; unum afuit bellum externum ; quo 
si adgravatae res essent, vix ope deorum omnium 

1 remanendo V: colon! adscript! remanendo (adscribiti 
M colonis D ; colon! adscripta F) fl. 

2 Paculo Conway : pacilio fl. 

3 Poetelio Sigonius (C.I.L. i 2 , p. 126): poetilio (poetirio 
M ; potilio F ; petilio BOA] n. 

296 



BOOK IV. xr. 6-xn. 7 

had adjudged to be its own ; but failed to satisfy even B.C. 442 
the great patricians, because they had done nothing 
to conciliate any man's goodwill. They there- 
fore avoided vexatious attacks before the people 
where the tribunes had already summoned them for 
trial by remaining in the colony, which bore witness 
to their integrity and justice. 

XII. There was peace at home and abroad during B - c - 
this and the following year, when Gaius Furius 
Paculus and Marcus Papirius Crassus were consuls. 
The games which the decemvirs had vowed in 
pursuance of a decree of the senate, during the 
secession of the plebs from the patricians, were 
that year celebrated. Occasion for dissension was 
sought in vain by Poetelius, who though he had got 
himself elected plebeian tribune for the second time, 
by proclaiming that he would carry through these 
very measures, was unsuccessful in forcing the 
consuls to lay before the senate a proposal for as- 
signing land to the plebs ; and when, after a hard 
struggle, he obtained a vote of the senate to deter- 
mine whether consuls or tribunes should be elected, 
the decision was for consuls. Men only laughed 
when the tribune threatened to hold up the levy, 
for the neighbouring peoples were quiet, and war 
and warlike preparations were alike uncalled for. 

To this tranquil period succeeded the consulship 
of Proculus Geganius Macerinus and Lucius Menenius 
Lanatus, a year conspicuous for numerous deaths and 
dangers, for seditions, famine, and for the yoke of 
sovereignty, to which, won over by largesses, men 
almost bowed their necks. The one thing lacking 
was foreign war, and if that had been added to their 
burden they could hardly have held out, though all 

297 



LIVY 

A.U.O. resist! potuisset. Coepere a fame mala, seu adversus 

o i *> o 1 A * 

annus frugibus fuit, sen dulcedine contionum et 
urbis deserto agrorum cultu ; nam utrumque traditur. 
Et patres plebem desidem et tribuni plebis nunc 
fraud em nutic neglegeiitiam consul um accusabant. 

8 Postremo perpulere plebem haud adversante senatu 
ut L. Minucius praefectus annonae crearetur, felicior 
in eo magistratu ad custodiam libertatis futurus quam 
ad curationem ministerii sui, qiianiquam postremo 
annonae quoque levatae haud immeritam et gratiam 

9 et gloriam tulit. Qui cum multis circa finitimos 
poj)ulos legationibus terra marique nequiquam missis, 
nisi quod ex Etruria haud ita multum frumenti 
advectum est, nullum momentum annonae fecisset, 

10 et revolutus ad dispensationem inopiae, profited 
cogendo frumentum et vendere quod usui menstruo 
superesset, fraudandoque parte diurni cibi servitia, 
criminando inde et obiciendo irae populi frumen- 
tarios, acerba inquisitione aperiret magis quam 

11 levaret inopiam, multi ex plebe, spe amissa, potius 
quam ut cruciarentur trahendo animam, capitibus 

A.U.O. obvolutis se in Tiberim praecipitaverunt. 

XIII. Turn Sp. Maelius ex equestri ordine, ut illis 

temporibus praedives, rem utilem pessimo exemplo 

2 peiore consilio est adgressus. Frumento namque ex 



1 As the ancients usually did when conscious that they 
were about to die. Cf. the story of Caesar's death in 
Suetonius (lulius, Ixxxii). 

2 The ordo equestcr here means the eighteen centuries of 
cavalry, and must not be confused with the later ordo cquester, 
consisting of all citizens below senatorial rank, whose 
property v/as assessed at 400,000 sesterces. Maelius was a 
plebeian cques. 

298 



BOOK IV xii. 7-xin. 2 

the gods had aided them. The troubles began with B.C. 
a dreadful famine, whether because the season was 4 
unfavourable for crops, or that the attraction of 
assemblies and city-life had left the fields unculti- 
vated ; for both explanations have been given. The 
patricians accused the plebeians of idleness, and the 
tribunes of the plebs accused the consuls now of 
dishonesty, now of carelessness. In the end they 
brought the plebs, with no opposition on the senate's 
part, to elect Lucius Minucius prefect of the corn- 
supply. He was destined, while filling this magis- 
tracy, to be more successful in safe-guarding liberty 
than in discharging the duties of his office, although 
in the end he also earned and received both gratitude 
and glory for relieving the scarcity. For although 
he had dispatched to neighbouring peoples many 
embassies by land and sea without result save that 
a little corn was brought in from Etruria- he found 
that he had not materially improved the supply. He 
then fell back upon the plan of distributing the short- 
age. He forced men to declare their stocks of corn 
and to sell the surplus above the requirements of a 
month ; he deprived the slaves of a portion of their 
daily ration ; he brought charges against the dealers 
and exposed them to the anger of the people ; and 
by this bitter inquisition rather revealed than al- 
leviated the scarcity, so that many of the plebeians 
lost hope, and sooner than suffer torment by prolong- 
ing their existence, covered up their heads l and 
threw themselves into the Tiber. 

XIII. Then Spurius Maelius, of the equestrian B .c. 
order, 2 a man for those times very rich, undertook 44 - 439 
to do a useful thing in a way that set a very bad 
example and had a motive still worse. For having 

299 



LIVY 

314-315 Etruria privata pecunia per hospitum clientiumque 
ministeria coempto, quae, credo, ipsa res ad levan- 
dam publica cura annonam impedimento fuerat, 

3 largitiones frumenti facere instituit ; plebemque hoc 
munere delenitam, quacumque incederet, conspec- 
tus elatusque supra modum hominis privati, secum 
trahere, baud dubium consulatum favore ac spe 

4 despondentem. Ipse, ut est humanus animus in- 
satiabilis eo quod fortuna spondet, ad altiora et non 
concessa tendere, et quoniam consulatus quoque 
eripiendus invitis patribus esset, de regno agitare : 
id unum dignum tanto apparatu consiliorum et 
certamine, quod ingens exsudandum esset, praemium 

5 fore. lam comitia consularia instabant ; quae res 
eum necdum compositis maturisve satis consiliis 

6 oppressit. Consul sextum creatus T. Quinctius 
CapitolinuSj minime opj)ortunus vir novanti res ; 
collega additur ei Agrij)pa Menenius, cui Lanato 

7 erat cognomen ; et L. Minucius praefectus annonae 
seu refectus seu, quoad res posceret, in incertum 
creatus ; nihil enim constat, nisi in libros linteos 
utroque anno relatum inter magistratus praefecti 

8 nomen. Hie Minucius eandem publice l cura- 
tionem agens quam Maelius privatim agendam 
susceperat, cum in utraque domo genus idem 
hominum versaretur, rem compertam ad senatum 

1 eandem publice Florcbellus : eandem reip. (or reip) n : 
eandem rep. M : ead . . reip. V. 

1 i.e. corn-dealers. 
300 



BOOK IV. xin. 2-8 

bought up corn in Etruria with his own money, B.C 
through the agency of friends and clients there 
which very circumstance had hindered, I can well 
believe, the public efforts to bring down prices he 
set about distributing it gratis. The plebeians were 
captivated by this munificence ; wherever he went, 
conspicuous and important beyond the measure of a 
private citizen, they followed in his train ; and the 
devotion and hope he inspired in them gave him no 
uncertain assurance of the consulship. He himself, 
so insatiable of fortune's promises is the heart of 
man, began to cherish a loftier and less allowable 
ambition ; and since even the consulship would have 
to be wrested from unwilling nobles, considered how 
he might be king : nothing else, he felt, would ade- 
quately reward him for his elaborate schemes and 
the toil and moil of the great struggle he must make. 
The consular election was now at hand, and found 
him with his plans not yet fully ripened. For the 
sixth time Titus Quinctius Capitolinus was chosen 
consul, a most unsuitable man for the purposes of a 
would-be revolutionary. For colleague he was given 
Agrippa Menenius, surnamed Lanatus ; and Lucius 
Minucius either was reappointed prefect of the corn- 
supply or had been named for an indefinite period, 
so long as the situation should require ; for authorities 
do not agree, but the name of the prefect is entered 
in the Linen Rolls among the magistrates for both 
years. This Minucius was discharging the same 
function in his public capacity which Maelius had 
undertaken to perform as a private citizen, and the 
same sort of men l were coming and going in both 
their houses. Thus Minucius discovered the affair 
and reported to the senate that weapons were 



LIVY 

^A.U.O. 9 defert : tela in domum Maeli 1 conferri, eumque 
contiones domi habere, ac non dubia regni consilia 
esse. Tempus agendae rei nondum stare : cetera 
iam convenisse : et tribunes mercede emptos ad 
prodendam libertatem et partita ducibus multitudinis 
ministeria esse. Serius se paene quam tutum fuerit, 
ne cuius incerti vanique auctor esset, ea deferre. 

10 Quae postquam sunt audita, cum 2 undique primores 
patrum et prioris anni consules increparent quod eas 
largitiones coetusque plebis in privata domo passi 
essent fieri, et novos consules quod exspectassent 
donee a praefecto annonae tanta res ad senatum 
deferretur, quae consulem non auctorem solum 

11 desideraret sed etiam vindicem ; turn Quinctius 
consules immerito increpari ait, qui constricti legibus 
de provocatione ad dissolvendurn imperium latis, 
nequaquam tantum virium in magistratu ad earn 
rem pro atrocitate vindicandam quantum animi 
haberent. Opus esse non forti solum viro, sed 

12 etiam libero exsolutoque legum vinclis. Itaque se 
dictatorem L. Quinctium dicturum ; ibi animum 
parem tantae potestati esse. Adprobantibus cunctis 
primo Quinctius abnuere et quid sibi vellent rogitare, 
qui se aetate exacta tantae dimicationi obicerent. 

13 Dein cum undique plus in illo senili animo non 
consilii modo, sed etiam virtutis esse quam in omnibus 
aliis dicerent laudibusque baud immeritis onerarent, 

1 Maeli Conway and Walters : maelii (or melii) li : maeuii V. 

2 cum Alschefski: et il. 

302 



BOOK IV. XHI. 8-13 

being collected at the house of Maelius, that he B.C. 
was haranguing people there, and that they were 4 
certainly contriving a kingdom ; the time for exe- 
cuting the plot was not yet fixed: all else had been 
agreed upon : the tribunes had been bribed to betray 
liberty, and the leaders of the mob had been assigned 
their parts. He said that he had withheld his report 
of these things almost longer than was safe, that 
he might not become voucher for anything of an 
uncertain or trivial nature. On hearing this the leaders 
of the senate loudly blamed the consuls of the year 
before because they had suffered these donations and 
plebeian gatherings to take place in a private house, 
and the new consuls because they had waited till 
information of so grave a crime was laid before the 
senate by the prefect of the corn-supply, though it 
wanted a consul not only to report it but to punish 
it ; but Quinctius said that the consuls were blamed 
unjustly, for, constrained by the laws of appeal, 
which had been enacted in order to break down 
their authority, they had by no means so much 
power in their office as they had will to punish so 
heinous an offence in the way it deserved. There 
was need, he continued, of a man, and one who 
was not only brave, but free and unfettered by the 
laws. He would therefore name Lucius Quinctius 
dictator ; there was a spirit whose stature was equal 
to that great power. Despite the universal ap- 
proval of this step, Quinctius at first refused, and 
asked what they meant by exposing him at the end 
of his life to so fierce a struggle. Then, when men 
called out on every side that there was not only 
more wisdom but more courage in that old man's 
heart than in all the rest and loaded him with not 

33 



LIVY 

A.U.C. 14 et consul niliil remitteret. precatus tandem deos 
SU-316 

immortales Cincinnatus ne senectus sua in tarn 
trepidis rebus damno dedecorive rei publicae esset, 
dictator a consule dicitur. Ipse deinde C. Servilium 
Ahalam magistrum equitum dicit. 

A.U.O. XIV. Postero die dispositis praesidiis cum in forum 

descendisset conversaque in eum plebs novitate rei 
ac miraculo esset, et Maeliani atque ipse dux eorum 

2 in se intentam vim tanti imperii cernerent, expertes 
consiliorum regni qui tumultus, quod bellum repens 
aut dictatoriam maiestatem aut Quinctium post 
octogesimum annum rectorem rei publicae quaesisset 

3 rogitarent, missus ab dictatore Servilius magister 
equitum ad Maelium "Vocat te " inquit, "dictator." 
Cum pavidus ille quid vellet quaereret Serviliusque 
causam dicendam esse proponeret crimenque a 

4 Miimcio delatum ad senatum diluendum, tune 
Maelius recipere se in catervam suorum, et primum 
circumspectans tergiversari, postremo cum apparitor 
iussu magistri equitum duceret, ereptus a circum- 
stantibus fugiensque fidem plebis Romanae implorare, 

6 et opprimi se consensu patrum dicere, quod plebi 
benigne fecisset ; orare ut opem sibi ultimo in dis- 
crimine ferrent neve ante oculos suos trucidari 
34 



BOOK IV. xni. 13-xiv. 5 

unmerited compliments, and when the consul would B.C. 
not recede from his purpose, at length Cincinnati^ 440 ' 439 
uttered a prayer to the immortal gods that they 
would not suffer his old age to bring harm or shame 
to the republic in so perilous a case, and was pro- 
nounced dictator by the consul. He then himself 
named Gaius Servilius Ahala his master of the horse. 

XIV. The next day, after disposing guards at B.C. 43 c 
several points he went down into the Forum, where 
the novel and surprising sight drew upon him the 
attention of the plt-bs. The followers of Maelius 
and their leader himself perceived that it was against 
them that the force of that high authority was 
aimed ; while those who knew nothing of the plans 
for setting up a king asked what outbreak or what 
sudden war had called for the majesty of a dictator 
or for Quinctius (now past his eightieth year) to 
direct the state. Then Servilius, the master of the 
horse, being sent by the dictator to Maelius, said : 
"The dictator summons you." When Maelius, 
trembling, asked what he wanted, Servilius replied 
that he must stand his trial and clear himself of a 
charge which Minucius had lodged against him with 
the senate. Then Maelius drew back into the crowd 
of his retainers, and at first, glancing this way and 
that, attempted to avoid the issue ; but finally, when 
the attendant, being so commanded by the master 
of the horse, would have led him away, he was 
torn from his grasp by the bystanders and fled, 
calling on the Roman plebs to protect him, declaring 
that he was overthrown by a plot of the patricians 
because he had acted kindly by the commons, and 
begging them to help him in his extremity and not 
permit him to be murdered before their eyes. While 

305 



LIVY 

A.TT.O. 6 sinerent. Haec eum vociferantem adsecutus Ahala 

3 1 5 

Servilius obtruncat, respersusque cruore, 1 stipatus 
caterva patriciorum iuvenum, dictator! renuntiat 
vocatum ad eum Maelium repulso apparitore eon- 
citantem multitudinem poenam meritam habere. 
7 Turn dictator " Macte virtute " inquit, " C. Servili, 
esto liberata re publica." 

XV. Tumultuantem deinde multitudinem incerta 
existimatione facti ad contionem vocari iussit et 
Maelium iure caesum pronuntiavit etiam si regni 
crimine insons fuerit, qui vocatus a magistro equitum 

2 ad dictatorem non venisset. Se ad causam cojrnos- 

o 

cendam conseclisse, qua cognita habiturum fuisse 
Maelium similem causae fortunam ; vim parantem 

3 ne iudicio se committeret, vi coercitum esse. Nee 
cum eo tamquam cum cive agendum fuisse, qui natus 
in libero populo inter iura legesque, ex qua urbe 
reges exactos sciret eodemque anno sororis filios 
regis et liberos consul is, liberatoris patriae, propter 
pactionem indicatam recipiendorum in urbem regum 

4 a patre securi esse percusses, ex qua Collatinum 
Tarquinium consulem nominis odio abdicare se 
magistratu atque exsulare iussum, in qua de Sp. 
Cassio post aliquot annos propter consilia inita de 

1 cruore V: cruore obtruncati n. 

1 This is inexact ; from i. Ivi. 7 we learn that it was Brutus, 
the father of the young men in question, who was nephew to 
the king, on the mother's side. 

2 See LI. xli. 

306 



BOOK IV. xiv. 5-xv. 4 

he was screaming out these appeals, Servilius Ahala B.C. 439 
overtook and slew him ; then, bespattered with his 
blood and guarded by a company of young nobles, 
he returned to the dictator and reported that 
Maelius, having been summoned to appear before 
him, had repulsed the attendant and was rousing up 
the populace when he received the punishment he 
had deserved. Whereat the dictator exclaimed, 
"Well done, Gains Servilius ; you have delivered the 
commonwealth ! " 

XV. Then, as the crowd was in a turmoil, not 
knowing what to think of the deed, he bade convoke 
them to an assembly. There he asserted that Maelius 
had been justly slain, even though he had been 
innocent of plotting to make himself king, since he 
had been cited before the dictator by the master of 
the horse and had not obeyed. He himself, he said, 
had sat to hear the cause, and if the hearino- had 

c^ 

been concluded Maelius would have prospered as his 
cause deserved ; but, planning violence to avoid 
undergoing trial, he had been repressed by violence. 
Neither would it have been right to deal with Maelius 
as with a citizen. The man had been born amongst 
a free people enjoying rights and laws, in a City fjom 
which he knew that the kings had been banished, 
and how in that very year the king's nephews, 1 sons 
of the consul who had freed his country, had, on the 
exposure of a compact they had made to bring the 
princes back to Rome, been beheaded by their father's 
orders. He knew that in this City the consul 
Tarquinius Collatinus had been commanded, out of 
hatred for the name he bore, to lay down his office 
and go into exile ; that here, some years after, 
Spurius Cassius 2 had been punished for aiming at 

37 



LIVY 

A.C.C. regno supplicium sumptum, in qua nuper decemviros 
bonis, exsilio, capite multatos ob superbiam regiam, 

5 in ea Sp. Maelius spem regni conceperit. Et 
quis homo ? Quamquam nullam nobilitatem, nullos 
honores, nulla merita cuiquam ad dominationem 
pandere viam ; sed tamen Claudios, Cassios con- 
sulatibus, decemviratibus, suis maiorumque honori- 
bus, splendore familiarum sustulisse animos quo 

6 nefas fuerit : Sp. Maelium, cui tribunatus plebis 
magis optandus quam sperandus fuerit, frumentarium 
divitem, bilibris farris sperasse libertatem se civium 
suorum emisse, ciboque obiciendo ratum victorem 
finitimorum omnium populum in servitutem perlici 

7 posse, ut quern senatorem concoquere civitas vix 
posset regein ferret, Romuli conditoris, ab dis orti, 1 
recepti ad deos, insignia atque imperium habentem. 
Non pro scelere id magis quam pro monstro haben- 

8 dum, nee satis esse sanguine eius expiatum, nisi 
tecta parietesque intra quae tantum amentiae con- 
cejjtum esset dissiparentur bonaque contacta pretiis 
regni mercandi publicarentur. lubere itaque quaes- 
tores vendere ea bona atque in publicum redigere. 

XVI. Domum deinde, ut monumento area esset 
oppressae nefariae spei, dirui extemplo iussit. Id 

ab dis (spelled, as often, diis) orti H : ab diis sorti MPH : 
ad diis B. 

1 The reference is to Appius Claudius the decemvir. 
308 



BOOK IV. xv. 4-xvi. i 

royalty; that here, but lately, the decemvirs had B.C. 439 
been visited with confiscation, banishment, and 
death, because of kingly arrogance. Yet in this 
same City a Spurius Maelius had conceived the hope 
of reigning. And who was this fellow ? To be 
sure, no nobility, no honours, no merits, opened wide 
the road to tyranny for any man ; nevertheless the 
Claudii * and Cassii had been encouraged by consul- 
ships and decemvirates, by their own honours and 
those of their forefathers, and by the splendour of 
their families, to aim at forbidden heights ; Spurius 
Maelius, a rich corn-dealer, a man who might have 
desired but ought scarcely to have hoped to become 
a plebeian tribune, had flattered himself that for a 
couple of pounds of spelt he had purchased the 
liberty of his fellow citizens ; he had imagined that 
by flinging food to them he could entice into slavery 
a people who had conquered all their neighbours, 
so that a state which could scarce have stomached 
him as a senator would endure him for its king, 
having the insignia and authority of Romulus its 
founder, who was descended from the gods and 
had returned to them. This ought to be regarded 
as a thing no less monstrous than wicked ; nor was 
his blood sufficient expiation, unless the roof and 
walls within which such madness had been con- 
ceived should be demolished, and the goods which 
had been tainted with the offer of them as the 
price to buy a tyranny be confiscated ; he therefore 
bade the quaestors sell those goods and place the 
proceeds in the public treasury. 

XVI. Quinctius then commanded the man's house B.O. 438 
to be pulled down, that the bare site might com- 
memorate the frustration of his wicked purpose. The 

VOL. II. L 



LIVY 

A.U.C. 2 Aequimaelium appellatum est. L. Minucius bove et 
statua aurata 1 extra portam Trigeminam est donatus 
ne plebe quidem invita quia frumentum Maelianum 

3 assibus in modios aestimatum plebi divisit. Hunc 
Minucium apud quosdam auctores transisse a patri- 
bus ad plebern undecimuraque tribunum plebis 
cooptatum seditionem motam ex Maeliana caede 

4 sedasse invenio ; ceterum vix credibile est numerum 
tribunorura patres augeri passes, idque potissimum 
exemplum a patricio homine introductum, nee deinde 
id plebem 2 concessum semel obtinuisse aut certe 
temptasse. Sed ante omnia refellit falsum imaginis 
titulum pane-is ante annis lege cautum ne tribunis 

6 collegam cooptare liceret. Q. Caecilius, Q. lunius, 
Sex. Titinius soli ex collegio tribunorum neque 
tulerant de honoribus Minuci legem et criminari 
nunc Minucium nunc Servilium apud plebem queri- 

6 que indignam necem Maeli non destiterant. Pervi- 
cerunt igitur ut tribunorum militurn potius quam 
consulum comitia haberentur, baud dubii quin sex 
locis tot enim iam creari licebat et plebeii aliqui 
profitendo se ultores fore Maelianae caedis, crea- 

7 rentur. Plebs, quamquam agitata multis eo anno et 
variis motibus erat, nee pluris quam tres tribunos 

1 bove et statua aurata Conicay (in note, but cites against Ms 
cowj. XL. xxxiv. 5) : boue aurato (aturato M) n. 

2 plebem $- : plebi n. 

1 The Aequimaelium was in the Vicus lugarius, below the 
Capitol. Cicero derives the name from aequus " just," because 
Maelius was justly punished (de Domo, 101); Varro from 
aequus "level" (L.L. V. 157). 

2 The Lex Trebonia of 448 B.C. (m. Ixv. 4) required the 
election officials to continue the voting until ten tribunes had 
been chosen, but said nothing about the co-optation of an 
eleventh. 

310 



BOOK IV. xvi. 1-7 

place was named Aequimaelium. 1 Lucius Minucius B.o.438 
was presented with an ox and a gilded statue outside 
the Porta T rigemina, without opposition even on the 
part of the plebs, since Minucius divided the corn of 
Maelius among them at the price of one as the peck. 
I find it stated by some historians that this Minucius 
went over from the patricians to the plebeians, and 
being co-opted an eleventh tribune of the plebs, 
allayed the rebellious feeling which arose from the 
killing of Maelius ; but it is hardly credible that the 
patricians should have permitted the number of 
tribunes to be increased, and that this precedent, of 
all others, should have been introduced by a patri- 
cian ; or that the plebs, having once obtained this 
concession, should not have held fast to it, or at 
least have tried to do so. But what proves more con- 
clusively than anything the falsity of the inscription 
on his portrait is this, that it was enacted by law 
a few years before that the tribunes might not 
co-opt a colleague. 2 Quintus Caecilius, Quintus 
Junius, and Sextus Titinius were the only members 
of the college of tribunes who had not supported the 
law conferring honours on Minucius, and had never 
ceased to accuse now Minucius, now Servilius, before 
the plebs, and to complain of the unmerited death 
of Maelius. So they forced through a measure 
providing that military tribunes should be elected 
instead of consuls, not doubting that for some of 
the six places for this was now the number that 
might be filled plebeians would be chosen, if they 
would promise to avenge the death of Maelius. 
The plebeians, though they had been aroused that 
year by many ditferent commotions, elected no more 
than three tribunes with consular powers, and among 



LIVY 

A.U.O. consular! potestate creavit et in his L. Quinctium, 

Cincinnati filium, ex cuius dictaturae invidia tumultus 
8 quaerebatur. Praelatus suffragiis Quinctio Mamercus 

AemUius, vir summae dignitatis ; L. lulium tertium 

creant. 
\.o.a XVII. In horum magistratu Fidenae, colonia 

Romana, ad Lartem Tolumnium l ac Veientes de- 

2 fecere. Mains additum defectioni scelus : C. Fulci- 
nium Cloelium Tullum Sp. Antiuin 2 L. Roscium, 
legates Romanes, causam novi consilii quaerentes, 

3 iussu Tolumni interfecerunt. Levant quidam regis 
facinus : in tesserarum prospero iactu vocem eius 
ambiguanij ut occidi iussisse videretur, a Fidenatibus 
exceptam causam mortis legatis fuisse, rem incredi- 

4 bilem, interventu Fidenatitim, novorum sociorum, 
consulentiuin de caede ruptura ius gentium, non 
aversuin ab intentione lusus animum nee deinde 

5 in errorem versum facinus. Propius est fidem 
obstringi Fidenatium populum ne respicere spem 
ullam ab Romanis posset conscientia tanti sceleris 

6 voluisse. Legatorum qui Fidenis caesi erant statuae 
publice in Rostris positae sunt. Cum Veientibus 
Fidenatibusque, praeterquam finitimis populis, ab 
causa etiam tarn nefanda bellum exorsis atrox 
dimicatio instabat. 



1 Tolumnium H. J. Mueller: Tolumnium Veientium (uenien- 
tium B) regem n. 

2 Sp. Antium (espantium M \ spuantium V) n : Sp. Nautium 
Mommsen (cf. Flin. N.U. xxxiv. vi. 23). 

1 A slight anachronism, as the speaker's platform in the 
Forum was not called Rostra till 338 B.C., when Gaius 
Menenius decorated it with the rostra (beaks) of the ships 
taken at Antium (vin. xiv. 12). 

312 



BOOK IV. xvi. 7-xvn. 6 

these Lucius Quinctius, son of Cincinnatus, from B.C. 438 
whose dictatorship men were trying to derive the 
odium for inspiring a mutiny. Aemilius Mamercus, 
a man of the highest standing, was ahead of 
Quinctius in the voting ; Lucius Julius was elected 
third. 

XVII. During the term of these magistrates, B.C. 437 
Fidenae, a Roman colony, revolted to Lars Tolumnius 
and the Veientes. To their defection they added a 
worse crime, for when Gains Fulcinius, Cloelius 
Tullus, Spurius Antius, and Lucius Roscius, Roman 
envoys, came to inquire the reason of this new policy, 
at the command of Tolumnius they put them to 
death. Some persons seek to palliate the king's 
act, saying that an ambiguous expression of his upon 
a lucky throw of dice, which made him seem to 
order them to kill the envoys, was heard by the 
Fidenates and was responsible for the men's death. 
But it is quite incredible that the king 011 being 
interrupted by the Fidenates, his new allies, come 
to consult him about a murder that would violate the 
law of nations, should not have withdrawn his atten- 
tion from the game, and that the attribution of the 
crime to a mistake did not come later. It is easier 
to believe that he wished the people of Fidenae 
to be involved by the consciousness of so heinous a 
deed, that it might be impossible for them to hope 
for any reconciliation with the Romans. The envoys 
who had been slain at Fidenae were honoured, at 
the public cost, with statues on the Rostra. 1 With 
the Veientes and Fidenates, not only because they 
were neighbouring peoples, but also in consequence 
of the nefarious act with which they had begun the 
war, a bitter struggle now impended. 

313 



LIVY 

A.U.O. 7 Itaque ad curam summae rerum quieta plebe 
tribunisque eius nihil controversiae fuit quin con- 
sules crearentur M. Geganius Macerinus tertium 

8 et L. Sergius Fidenas. A bello credo quod deinde 
gessit appellatum ; hie enim primus cis Anienem 
cum rege Veientium secundo proelio conflixit, nee 
incruentam victoriam rettulit. Maior itaque ex 
civibus amissis dolor quam laetitia fusis hostibus 
fuit, et senatus ut in trepidis rebus dictatorem dici 

9 Mamercum Aemilium iussit. Is magistrum equitum 
ex collegio prioris anni, quo simul tribuni militum 
consular! potestate fuerant, L. Quinctium Cincin- 

10 natum, dignum parente iuvenem, dixit. Ad dilec- 
tum a consulibus habitum centuriones veteres belli 
periti adiecti et numerus amissorum proxima pugna 
expletus. Legates T. Quinctium l Capitolinum et 

11 M. Fabium Vibulanum sequi se dictator iussit. Cum 
potestas maior turn vir quoque potestati par hostes 
ex agro Romano trans Anienem submovere ; collesque 
inter Fidenas atque Anienem ceperunt referentes 
castra, nee ante in campos degressi 2 sunt quam 

12 legiones Faliscorum auxilio 3 venerunt. Turn demum 
castra Etruscorum pro moenibus Fideiiarum posita. 
Et dictator Romanus haud procul inde ad confluentes 
consedit in utriusque ripis amnis, qua sequi muni- 



1 T. Quinctium H. J. Mueller : quinctiumZ : quintium V\ 
qnintum il. 

2 degressi Sigonius : digressi il. 

3 Faliscorum auxilio Kiehl : Faliscorum auxiliorum V : 
auxilio Faliscorum il. 



BOOK IV. xvii. 7-12 

Accordingly, out of regard for the general welfare, s.o.437 
the plebeians and their tribunes kept quiet, and 
raised no opposition to the election as consuls of 
Marcus Geganius Macerinus (for the third time) and 
Lucius Sergius Fidenas. I suppose that the name 
was given him from the war which he then waged ; 
for he was the first who fought a successful battle 
on this side the Anio with the king of the Veientes ; 
but he gained no bloodless victory, and so there 
was more grief for the citizens who were lost than 
rejoicing over the defeat of the enemy ; and the 
senate, as is usual in an alarming situation, com- 
manded the appointment of a dictator, Mamercus 
Aemilius. He named as his master of the horse a 
man who had been his colleague the year before, when 
they had both been military tribunes with consular 
authority, namely Lucius Quinctius Cincinnatus, a 
young man worthy of his father. To the troops 
which the consuls levied were added veteran cen- 
turions experienced in war, and the losses of the last 
battle were made good. The dictator bade Titus 
Quinctius Capitolinus and Marcus Fabius Vibulanus 
follow him as his lieutenants. The high authority 
of the dictatorship, in the hands of one who was 
equal to it, drove the enemy out of Roman territory 
and across the Anio. They withdrew their camp 
and pitched upon the hills between Fidenae and the 
Anio ; nor did they descend into the plains until the 
forces of the Faliscans had come to their support. 
Then, and not till then, did the Etruscans encamp 
before the walls of Fidenae. The Roman dictator 
likewise went into camp not far off, on the banks of 
both rivers, at their confluence, and threw up a 
rampart between his army and the enemy, where he 

315 



LIVY 

A.U.O. mento poterat vallo interposito. Postero die in 

317 aciem eduxit. 

XVIII. Inter hostes variae fuere sententiae. 
Faliscus, procul ab domo militiam aegre patiens 
satisque fidens sibi, poscere pugnam : Veienti Fiden- 

2 atique plus spei in trahendo bello esse. Tolumnius, 
quamquam suorum magis placebant consilia, ne lon- 
ginquam militiam non paterentur Falisci, postero 

3 die se pugnaturum edicit. Dictator! ac Rornanis, 
quod detractasset pugnam hostis, animi accessere ; 
posteroque die iam militibus castra urbemque se 
oppugnaturos frementibus ni copia pugnae fiat, 
utrimque acies inter bina castra in medium campi 

4 procedunt. Veiens multitudine abundans, qui inter 
dimicationem castra Romana adgrederentur post 
montes circummisit. Trium populorum exercitus 
ita stetit instructus ut dextrum cornu Veientes, 
sinistrum Falisci tenerent, medii Fidenates essent. 

5 Dictator dextro cornu adversus Faliscos, sinistro 
contra Veientem Capitolinus Quinctius intulit signa ; 
ante mediam aciem cum equitatu magister equitum 

6 processit. Parumper silentium et quies fuit nee 
Etruscis, nisi cogerentur, pugnam inituris et dic- 
tatore arcem Romanam respectante, ut ex ea ab l 
auguribus, simul aves rite admisissent, ex composito 

7 tolleretur signum. Quod simul 2 conspexit, primes 

1 ex ea ab Alschrfslci: ex (anguribus) ft: ex (auribus) M. 

2 simul 5-: simul ubi H. 



1 i.e. where the distance from bank to bank was not too 
great. 

2 Their city Falerii (now Civita Castellana) was about 
twenty-five miles north of Rome. 

316 



BOOK IV. xvn. 12-xvin. 7 

was able to span the interval with intrenchments. 1 B.C. 437 
Next day he formed up in line of battle. 

XVIII. The enemy were of several minds. The 
Faliscans, chafing under service performed away 
from home 2 and fairly self-confident, demanded 
battle : the Veientes and Fidenates anticipated 
greater success from a prolongation of the war. 
Tolumnius, though the views of his own followers 
were more agreeable to him, announced that he 
\vould fight on the following day, lest the Faliscans 
might not tolerate a protracted campaign. The 
dictator and the Romans were encouraged at the 
enemy's reluctance ; and the next day, on the 
soldiers threatening that they would at once attack 
the camp and the city, unless the enemy came to an 
engagement, both armies marched out in line of 
battle into the plain between the two camps. The 
Veientes, having men to spare, dispatched a party 
round the mountains to assail the camp of the 
Romans during the engagement. The army of the 
three nations was so drawn up that the Veientes 
held the right wing, the Faliscans the left, and the 
Fidenates formed the centre. The dictator advanced 
on the right, against the Faliscans, and Quinctius 
Capitolinus on the left, to meet the Veientes ; while 
the master of the horse, with the cavalry, led the 
attack on the centre. For a brief moment all was 
hushed and still ; since the Etruscans were resolved 
not to begin fighting unless they were forced, and 
the dictator kept looking back to the Citadel of 
Rome, that the augurs might thence make him a 
signal, as they had arranged to do, the moment the 
omens were propitious. As soon as he descried the 
signal, he first sent his cavalry against the enemy, 

317 



LIVY 

A.D.C. eauites clamore sublato in hostem emisit : secuta 

317 

8 peditum acies ingenti vi conflixit. Nulla parte 
legiones Etruscae sustinuere impetum Romanorum ; 
eques maxime resistebat ; equitumque longe for- 
tissimus ipse rex ab omni parte effuse sequentibus 
obequitans Romanis trahebat certamen. 

XIX. Erat turn inter equites tribunus militum 
A. Cornelius Cossus, eximia pulchritudine corporis, 
animo ac viribus par memorque generis, quod 
amplissimum acceptum maius auctiusque reliquit 

2 posteris. Is cum ad impetum To! umni, quacumque 
se intendisset, trepidantes Romanas videret turmas, 
insignemque eum regio habitu volitantem tota acie 

3 cognosset, " Hicine est " inquit, " ruptor foederis 
humani violatorque gentium iuris ? lam ego hanc 
mactatam victimam, si rnodo sancti quicquam in 
terris esse di volunt, legatorum manibus dabo." 

4 Calcaribus subditis infesta cuspide in unum fertur 
hostem ; quern cum ictum equo deiecisset, confestim 

5 et ipse hasta innixus se in pedes excepit. Adsur- 
gentem ibi regem nmbone resupinat repetitumque 
saepius cuspide ad terram adfixit. Turn exsangui 
detracta spolia caputque abscisum victor spiculo 
gerens terrore caesi regis hostes fundit. 1 Ita equi- 

1 fundit n : fudit MDAf : perfudit Madmg. 
318 



BOOK IV. xvm. 7-xix. 5 

cheering as they charged ; and the infantry followed B.C. 437 
with a furious attack. At no point could the 
Etruscan legions withstand the onset of the Romans ; 
their horse made the chief resistance, and of all 
their horse by far the bravest was the king himself, 
who rode against the Romans, as they scattered in 
every direction for the pursuit, and prolonged the 
struggle. 

XIX. There was at that time among the cavalry- 
men a tribune of the soldiers named Aulus Cornelius 
Cossus, a man of strikingly handsome person and no 
less distinguished for courage and strength. Proud 
of his name, which was very famous when it came 
to him, he left to his descendants one still greater 
and more glorious. This man, seeing how Tolumnius, 
wherever he charged, brought confusion to the Roman 
squadrons, and recognizing him, conspicuous in his 
royal dress, as he galloped swiftly up and down the 
line, exclaimed, " Is this the breaker of human 
leagues, the violater of the law of nations ? I 
will speedily offer him up as a sacrificial victim, 
if only it is the will of Heaven that there 
should be aught sacred on this earth, to the manes 
of the envoys!" Clapping spurs to his charger 
and levelling his spear, he made for his one enemy. 
Having struck and unhorsed his man, he himself 
leaped quickly to the ground by the help of his 
lance, and as the king struggled to his feet flung him 
back with the boss of his shield, and plunging the 
spear again and again into his body, pinned him to 
earth. Then stripping the spoils from the corpse and 
cutting off the head, he bore it victoriously on the 
point of his spear and drove the enemy before him, 
panic-stricken at the sight of their slain king. Thus 



LIVY 

A.U.O. turn quoque fusa acies, quae una fecerat anceps 

6 certamen. Dictator legionibus fugatis instat et ad 
castra compulsos caedit. Fidenatium plurimilocorum 
notitia effugere in monies. Cossus Tiberim cum 
equitatu transvectus ex agro Veientano ingentem 

7 detulit praedam ad urbem. Inter proelium et ad 
castra Romana pugnatum est adversus partem copi- 
arum ab Tolumnio, ut ante dictum est, ad castra 

8 missam. Fabius Vibulanus corona primum vallum 
defendit; intentos deinde hostes in vallum, egressus 
dextra principal! cum triariis, repente invadit. Quo 
pavore iniecto caedes minor, quia pauciores erant, 
fuga non minus trepida quam in acie fuit. 

XX. Omnibus locis re bene gesta dictator senatus 
consulto iussuque populi triumphans in urbem re- 

2 diit. Longe maximum triumph! spectaculum fuit 
Cossus spolia opima regis interfecti gerens. In 
eum milites carmina incondita aequantes eum Ro- 

3 mulo canere. Spolia in aede lovis Feretri prope 
Romuli spolia quae, prima opima appellata, sola ea 
tempestate erant, cum sollemni dedicatione dono 
fixit ; averteratque in se a curru dictatoris civium 
ora et celebritatis eius diei fructum prope solus 



1 A Roman camp was divided by the Via Principalis, which 
ran from one side to the other, with a gate at each end of it, 
called respectively Porta Principalis dextra, and P. P. sinistra. 

2 The triarii were experienced troops, a body of which made 
a part of each legion. They were usually, as here, kept in 
reserve until a crisis called for their employment (<-f. 
vin. viii.). 

320 



BOOK IV. xix. 5-xx. 3 

even the cavalry was routed, which alone had made B.C. 437 
the issue of the contest doubtful. The dictator 
pressed on after the flying legions, and pursuing 
them to their camp cut them to pieces. Large 
numbers of the Fidenates escaped, thanks to their 
knowledge of the ground, into the mountains. 
Cossus crossed the Tiber with his cavalry, and from 
the fields of the Veientes brought a vast quantity of 
booty back to town. During the battle there was 
also fighting at the Roman camp with a part of the 
forces of Tolumnius which he had dispatched against 
it, as has been said before. Fabius Vibulanus first 
manned the rampart with a cordon of defenders ; and 
then, when the attention of the enemy was fixed on 
the wall, sallied out of the Porta Principalis, on the 
right, 1 with his reserves, 2 and fell suddenly upon 
them. In consequence of the panic thus occasioned, 
though the slaughter was less, because fewer were 
engaged, yet the rout was quite as complete as in 
the battle-line. 

XX. Having been everywhere victorious, the 
dictator, as decreed by the senate and ratified by 
the people, returned to the City in triumphal pro- 
cession. By far the greatest spectacle in the triumph 
was Cossus, bearing the spoils of honour of the slain 
king, while the soldiers sang rude verses about him, 
comparing him to Romulus. The spoils he fastened 
up as an offering, with solemn dedication, in the 
temple of Jupiter Feretrius, near the spoils of 
Romulus, which had been the first to be called 
opima, and were at that time the only ones. Cossus 
had drawn the gaze of the citizens away from the 
car of the dictator upon himself, and the honours of 
that crowded festival were virtually his alone. The 

321 



LIVY 

.u.o. 4 tulerat. Dictator coronam auream, libram pondo. 
317 ex publica pecunia populi iussu in Capitolio lovi 

donum posuit. 
6 Omnes ante me auctores secutus, A. Cornelium 

Cossum tribunum militum secunda spolia opiina 

6 lovis Feretrii templo intulisse exposui ; ceterum, 
praeterquam quod ea rite opima spolia habentur 
quae dux duci detraxit, nee ducem novimus nisi 
cuius auspicio bellura geritur, titulus ipse spoliis 
inscriptus illos meque arguit consulem ea Cossum 

7 cepisse. Hoc ego cum Augustum Caesarem, tem- 
plorum omnium conditorem aut restitutorem, in- 
gressum aedem Feretri lovis, quam vetustate di- 
lapsam refecit, se ipsum in thorace linteo script um 
legisse audissem, prope sacrilegium ratus sum Cosso l 
spoliorum suorum Caesarem, ipsius templi auctorem, 

8 subtrahere testem. Quis 2 ea in re sit error, quod 
tam veteres annales quodque magistratuum libri, quos 
linteos in aede repositos Monetae Macer Licinius 
citat identidem auctores, septimo 3 post demum 
anno cum T. Quinctio Poeno A. Cornelium Cossum 
consulem habeant, existimatio communis omnibus 

9 est. Nam etiam illud accedit, ne tam clara pugna 
in eum annum transferri posset, quod imbelle trien- 
nium ferme pestilentia inopiaque frugum circa A. 
Cornelium consulem fuit, adeo ut quidam annales 

1 Cosso 5- : Cossum fl. 

2 quis Gronovius : qui si n. 

3 septimo ft : nono 5- Sigonius : decimo Glareanus : un- 
decimo Conway and Walters (in note}. 

1 Nepos tells us (Att. xx. 3) that the restoration of this 
temple was undertaken at the suggestion of Atticus. It was 
therefore probably done not later than 32 B.C., the year in 
which Atticus died. 

322 



BOOK IV. xx. 3-9 

dictator, at the people's behest, presented to Jupiter 3.0.437 
on the Capitol a golden chaplet of a pound in weight, 
from the public treasury. 

Following all previous historians, I have stated 
that Aulus Cornelius Cossus was a military tribune 
when he brought the second spoils of honour to the 
temple of Jupiter Feretrius. But besides that only 
those are properly held to be "spoils of honour" 
which one commander has taken from another com- 
mander, and that we know no " commander " but him 
under whose auspices the war is waged, the very 
words inscribed upon the spoils disprove their account 
and mine, and show that it was as consul that. Cossus 
captured them. Having heard from the lips of 
Augustus Caesar, the founder or renewer of all the 
temples, that he had entered the shrine of Jupiter 
Feretrius, which he repaired when it had crumbled 
with age, and had himself read the inscription on 
the linen breast-plate, I have thought it would be 
almost sacrilege to rob Cossus of such a witness to 
his spoils as Caesar, the restorer of that very temple. 1 
Where the error in regard to this matter lies, in 
consequence of which such ancient annals and also 
the books of the magistrates, written on linen and 
deposited in the temple of Moneta, which Licinius 
Macer cites from time to time as his authority, only 
give Aulus Cornelius Cossus as consul (with Titus 
Quinctius Poenus) seven years later, is a matter 
on which everybody is entitled to his opinion. 
For there is this further reason why so famous 
a battle could not be transferred to the later year, 
that the consulship of Cossus fell within a period 
of about three years when there were no wars, 
owing to a pestilence and a dearth of crops, so that 

3 2 3 



LIVY 

A.U.O. velut funesti nihil praeter nomina consulum sug- 
317 10 gerant. Tertius ab consulatu Cossi annus tribunum 
euni militum consular! potestate habet, eodem anno 
magistrum equitum ; quo in imperio alteram in- 
11 signem edidit pugnam equestrem. Ea libera con- 
iectura est, sed, ut ego arbitror, vana ; aversari 
enini x omnes opiniones licet, cum auctor pugnae 
recentibus spoliis in sacra sede positis, lovem prope 
ipsum, cui vota erant, Romulumque intuens, baud 
spernendos falsi tituli testes, se A. Cornelium 
Cossum consulem scripserit. 

A.D.O. XXI. M. Cornelio Maluginense L. Papirio Crasso 

consulibus exercitus in agrum Veientem ac Faliscum 

2 ducti, praedae abactae hominum pecorumque; hostis 
in agris nusquam inventus neque pugnandi copia 
facta ; urbes tamen non oppugnatae, quia pestilentia 

3 populum invasit. Et seditiones domi quaesitae sunt 
nee motae tamen ab Sp. Maelio tribune plebis, qui 
favore nominis moturum se aliquid ratus et Minucio 
diem dixerat et rogationem de publicandis bonis 

4 Servili Ahalae tulerat, falsis criminibus a Minucio 
circumventum Maelium arguens, Servilio caedem 
civis indemnati obiciens. Quae vaniora ad popu- 

6 lum ipso auctore fuere. Ceterum magis vis morbi 
ingravescens curae erat terroresque ac prodigia, 

1 vana ; aversari enira Wagner and Madvig : uana (una 
FB) uersare in II. 

1 It is possible that this paragraph was inserted by Livy, 
without altering the context, some time after the original 
publication of Books I-V. This would account for the 
appearance in the preceding paragraph of the version which 
Livy now rejects, and also for its reappearance in chap, xxxii. 
Cf. Niebuhr, Rom. Gcsch. ii. 517. 

3 2 4 



BOOK IV. xx. 9-xxi. 5 

certain annals, as though death-registers, offer notli- B.C. 437 
ing but the names of the consuls. The third year 
after Cossus's consulship saw him military tribune 
with consular powers, and in the same year he was 
master of the horse, in which office he fought 
another famous cavalry-engagement. Here is free- 
dom for conjecture, but in my opinion it is idle ; for 
one may brush aside all theories when the man who 

V 

fought the battle, after placing the newly-won spoils 
in their sacred resting-place, testified in the presence 
of Jupiter himself, to whom he had vowed them, 
and of Romulus witnesses not to be held lightly 
by a forger that he was Aulus Cornelius Cossus, 
consul. 1 

XXI. When Marcus Cornelius Maluginensis and B - c - . 
Lucius Papirius Crassus were consuls, armies invaded 
the country of the Veientes and the Faliscans and 
drove off booty consisting of men and flocks ; they 
nowhere encountered their enemies in the fields nor 
met with any opportunity to give them battle ; still, 
they besieged no cities, for a pestilence attacked the 
people. And seditions were attempted at home, but 
not brought about, by Spurius Maelius, tribune of the 
plebs, who, imagining that the popularity of his name 
would enable him to stir up trouble, had appointed 
a day for the prosecution of Minucius, and had also 
proposed a law for confiscating the goods of Servilius 
Ahala, maintaining that Maelius had been circum- 
vented by Minucius with false accusations, and 
flinging it up to Servilius that he had killed a citizen 
who had not been condemned. These charges were 
even less regarded by the people than was their 
author. But the increasing virulence of the disease 
gave concern, and so did certain alarms and prodigies; 

325 



LIVY 

A.U.C. maxime quod crebris motibus terrae ruere in agris 
nuntiabantur tecta. Obsecratio itaque a populo 
duumviris praeeuntibus est facta. 

6 Pestilentior inde annus C. lulio iterum et L. 
Verginio consulibus tantum metus et vastitatis 1 in 
urbe agrisque fecit, ut non modo praedandi causa 
quisquam ex agro Romano exiret bellive inferendi 

7 memoria patribus aut plebi esset, sed ultro Fidenates, 
qui se primo aut montibus aut muris tenuerant, 
populabundi descenderent in agrum Romanum. 

8 Deinde Veientium exercitu accito nam Falisci 
perpelli ad instaurandum bellum neque clade Ro- 
manorum neque sociorum precibus potuere duo 
populi transiere Aiiienem atque baud procul Collina 
porta signa habuere. Trepi datum itaque non in 

9 agris magis quam in urbe est. lulius consul in 
aggere murisque explicat copias, a Verginio senatus 

10 in aede Quirini consulitur. Dictatorem dici Q. 
Servilium 2 placet, cui Frisco alii, alii Structo fuisse 
cognomen tradunt. Verginius dum collegam con- 
suleret moratus, permittente eo nocte dictatorem 
dixit. Is sibi magistrum equitum Postumum 3 
Aebutium Helvam 4 dicit. 

XXII. Dictator omnes luce prima extra portam 

Collinam adesse iubet. Quibuscumque vires suppe- 

2 tebant ad arma ferenda praesto fuere. Signa ex 

1 metus et vastitatis Conway and Walters : metum uas- 
titatis (uastatis H) H. 

2 Q. Servilium U- Sigonius (cf. chap. xxvi. 7 : chap. xlvi. 
4; C.I.L. i 2 , p. 17): a. seruilium (seruilius M) fi. 

3 Postumum Sigonius (cf. chap. xi. 1) : postumium 12. 

4 Helvam A 2 $-: heluam heluium J/: heluium n. 

1 i.e. duumviri sacrorum, in charge of the Sibylline books, 
326 



BOOK IV. xxi. 5-xxn. 2 

in particular that it was frequently announced that Jj 
farm-buildings had been thrown down by earth- 
quakes. A supplication was therefore offered up by 
the people under the direction of the duumviri. 1 

The pestilence was worse next year, when Gaius 
Julius (for the second time) and Lucius Verginius 
were the consuls, and caused such fears and ravages 
in the City and the country that not only did no one 
go out beyond the Roman marches to pillage, nor 
either patricians or plebs have any thought of waging 
war, but the men of Fidenae, who at first had kept 
to their mountains or their city walls, actually came 
down into Roman territory, bent on plunder. Then, 
when they had called in an army from Veil for the 
Faliscans could not be driven into renewing the war 
either by the calamity of the Romans or the 
entreaties of their allies, the two peoples crossed 
the Anio and set up their standards not far from the 
Colline Gate. The consternation in the City was 
therefore no less than in the fields ; the consul 
Julius disposed his troops on the rampart and walls, 
and Verginius took counsel with the senate in the 
temple of Quirinus. It was resolved that Quintus 
Servilius, whose surname some give as Priscus, others 
as Structus, should be appointed dictator. Verginius 
delayed till he could consult his colleague ; then, 
with his consent, he that night named the dictator, 
who appointed as his master of the horse Postumus 
Aebutius Helva. 

XXII. The dictator commanded everybody to be 
outside the Colline Gate at break of day. All those 
who were able to bear arms were at hand. The 

from which they derived the form of prayer used in this 
service. 

3 2 7 



LIVY 

A.U.C. aerario prompta feruntur ad dictatorem. Quae cum 

$18-319 

agerentur, hostes in loca altiora concessere. Eo 
dictator agmine infesto subit, nee procul Nomento 
signis conlatis fudit Etruscas legiones ; compulit 

3 inde in urbem Fidenas valloque circumdedit ; sed 
neque scalis capi poterat urbs alta et munita neque 
in obsidione vis ulla erat, quia frumentum non ne- 
cessitati modo satis sed copiae quoque abunde ex 

4 ante convecto sufficiebat. Ita expugnandi pariter 
cogendique ad deditionem spe amissa, dictator in 
locis propter propinquitatem notis ab aversa 1 parte 
urbis, maxime neglecta quia suapte natura tutissima 

5 erat, agere in arcem cuniculum instituit. Ipse diver- 
sissimis locis subeundo ad moenia quadrifariani diviso 
exercitu qui alii aliis succederent ad pugnam, con- 
tinenti die ac nocte proelio ab sensu operis hostes 

6 avertebat, donee perfosso monte 2 erecta in arcem 
via est, intentisque Etruscis ad vanas a certo periculo 
minas clamor supra caput hostilis captam urbem 
ostendit. 

7 Eo anno C. Furius Paculus 3 et M. Geganius 
Macerinus censores villam publicam in campo Martio 
probaverunt, ibique primum census populi est actus. 

1 aversa $- : aduersa n. 

2 monte L : a castris monte (a mo . . . F) H. 

3 Paculus Conway : Paoilus Sigonius : p. acilius MPUOHD 1 
(or D} LA 3 : pacilius D ? A ? : wanting in V. 

328 



BOOK IV. XXH. 2-7 
standards were taken out of the treasury and brought B.C 

A 1 (* A *-J " 

to the dictator. While this was going on, the enemy 
withdrew to a more elevated position. Thither the 
dictator marched under arms, and not far from 
Nomentum joined battle with the Etruscan forces 
and put them to rout. From there he drove them 
into the city of Fidenae, which he surrounded with 
a rampart ; but could not capture it with scaling- 
ladders, since it was a lofty, well-fortified town, nor 
accomplish anything by blockade, for they not only 
had corn enough for their necessities, but in fact were 
lavishly supplied with it from stores which they had 
collected in advance. In despair therefore alike of 
storming the place and of forcing it to surrender, 
the dictator, operating in a region which was familiar 
from its nearness to Rome, began, on the farthest 
side of the city, which was least guarded because 
its peculiar character made it the safest of all, to 
drive a mine into the citadel. He himself, advancing 
against the city from widely separated points with 
his army in four divisions, that they might relieve 
one another in the attack by fighting continuously 
day and night distracted the enemy's attention from 
the work, until a tunnel had been dug through the 
hill and a passage-way constructed up into the 
citadel ; when the Etruscans, intent on groundless 
alarms and unmindful of their real danger, were 
apprised by the shouts of the enemy above their 
heads that their city had been taken. 

In that year Gains Furius Paculus and Marcus 
Geganius Macerinus the censors approved a public 
building erected in the Campus Martins, and the 
census of the people was taken there for the first 
time. 

3 2 9 



LIVY 

A.U.O. XXIII. Eosdem consules insequenti anno refectos, 

lulium tertium, Verginium iterum, apud Macrum 

2 Licinium iiivenio : Valerius Antias atque Q. Tubero 
M. Manlium et Q. Sulpicium consules in eura annum 
edunt. Ceterum in tarn discrepant! editione et Tu- 
bero et Macer libros linteos auctores profitentur ; 
neuter tribunes militum eo anno fuisse traditum a 

3 scriptoribus antiquis dissimulat. Licinio libros baud 
dubie sequi linteos placet : 1 Tubero incertus veri 
est. Sit inter 2 cetera vetustate cooperta 3 hoc quo- 
que in incerto positum. 

4 Trepidatum in Etruria est post Fidenas captas non 
Veientibus solum exterritis metu similis excidii, sed 
etiam Faliscis memoria initi primo cum iis belli, 

5 quamquam rebellantibus non adfuerant. Igitur cum 
duae civitates legatis circa duodecim populos missis 
impetrassent ut ad Voltumnae fanum indiceretur 
omni Etruriae concilium, velut magno inde tumultu 
imminente senatus Mam. Aemilium dictatorem iterum 

6 dici iussit. Ab eo A. Postumius Tubertus magister 
equitum est dictus ; bellumque tanto maiore quam 
proximo conatu apparatum est quanto plus erat ab 
omni Etruria periculi quam ab duobus populis fuerat. 

1 placet Muretus : placet et fl : placuit V. 
8 Sit inter Muretus : . . t inter V : set inter A : sed inter n. 
3 cooperta Mommsen: conperta VM: incomperta (incon- 
perta 



1 It is typical of Livy's indifference to documents that he 
should not have taken the trouble to consult the Linen 
Rolls himself. As to the fact, Diodorus Siculus, xii. 53, 
gives Marcus Manlius, Quintus Sulpicius, and Servius 
Cornelius Cossus as military tribunes for the year 320 B.C., 
and the statement of Antias and Tubero may have arisen 
from the loss of the third name, and the consequent assump- 
tion that consuls were in office. 

33 



BOOK IV. xxiii. 1-6 

XXIII. That the same consuls were re-elected B.C. 434 
the following year (Julius for a third and Verginius 
for a second term) I find stated by Licinius Macer : 
Valerius Antias and Quintus Tubero give Marcus 
Manlius and Quintus Sulpicius as the consuls for 
that year. For the rest, in spite of the great dis- 
crepancy in their statements, both Tubero and 
Macer cite the authority of the Linen Rolls ; neither 
writer dissembles the fact that the elder historians 
had recorded that there were military tribunes for 
that year. Licinius sees fit to follow without 
hesitation the Linen Rolls : Tubero is uncertain 
where the truth lies. With all the other matters 
which are shrouded in antiquity this question too 
may be left undecided. 1 

There was great alarm in Etruria in consequence 
of the capture of Fideiiae. Not only were the people 
of Veii terrified by the fear of a similar disaster, but 
the Faliscans too remembered that they had com- 
menced the war in alliance with the Fidenates, 
although they had not supported them in their 
revolt. Accordingly when the two states, sending 
envoys round amongst the twelve cities, had obtained 
their consent to have a council proclaimed for all 
Etruria at the shrine of Voltumna, the senate, feeling 
that they were threatened with a great outbreak in 
that quarter, ordered that Mamercus Aemilius be 
again named dictator. By him Aulus Postumius 
Tubertus was appointed master of the horse, and 
preparations for war were set about as much more 
energetically than on the last occasion, as the danger 
from all Etruria was greater than it had been from 
two cities. 



331 



LIVY 
A.U.O. XXIV. Ea res aliquanto exspectatione omnium 

320 

2 tranquillior fuit. Itaque cum renuntiatum a mer- 
catoribus esset negata Veientibus auxilia, iussosque. 
suo consilio bellum initum suis viribus exsequi net 
adversarum rerum quaerere socios, cum quibus spem 

3 integram communicati non sint, 1 turn dictator, ne 
nequiquam creatus esset, materia quaerendae bello 
gloriae adempta, in pace aliquid operis edere quod 
monumentum esset dictaturae cupiens, censuram 
minuere parat seu nimiam potestatem ratus seu non 
tarn magnitudine honoris quam diuturnitate offensus. 

4 Contione itaque advocata rem publicam foris geren- 
dam ait tutaque omnia praestanda deos immortales 
suscepisse : se, quod intra muros agendum esset, 
libertati populi Romani consulturum ; maximam 
autem eius custodiam esse si magna imperia diuturna 
non essent et temporis modus imponeretur quibus 

5 iuris imponi non posset ; alios magistratus annuos 
esse, quinquennalem censuram ; grave 2 esse iisdem 
per tot annos magna parte vitae obnoxios vivere ; 
se legem laturum, ne plus quam annua ac semestris 

6 censura esset. Consensu ingenti populi legem pos- 
tero die pertulit et " Ut re ipsa " inquit "sciatis, 
Quirites, quam mihi diuturna non placeant imperia, 

1 communicati non sint fl : communicanti non sint DL1I: 
communicari non sirint Jac. Gronov : communicare noluerint 
H. J. Mueller. 

2 grave D ? 5- : grauem ft : wanting in V. 

1 This implies that the meetings of the league were made 
occasions for fairs. Cp. the fair at the shrine of Feronia, 
I. xxx. 5. 

332 



BOOK IV. xxiv. 1-6 

XXIV. This affair ended a good deal more quietly B.C. 434 
than anybody had anticipated. It was reported by 
merchants l that the Veientes had been refused 
assistance and had been told that having embarked 
on the war at their own discretion they must prose- 
cute it with their own forces nor seek the alliance of 
those in their adversity with whom they had not 
shared the prospect of success. Whereupon the 
dictator, that his appointment might not have been 
for nothing, was desirous, being deprived of the 
means of winning military renown, of accomplishing 
some peaceful achievement to signalize his dictator- 
ship. He therefore laid his plans to weaken the 
censorship, either thinking its powers excessive, or 
troubled less by the greatness of the office than by 
its long duration. So, calling an assembly, he said 
that the immortal gods had undertaken to manage 
the foreign relations of the state and to make every- 
thing safe: he himself would do what needed to be 
done within the City, and would defend the liberty 
of the Roman People. Now the greatest safeguard 
was that great powers should not be long-continued, 
but that a limit of time should be imposed on them, 
since no limit of jurisdiction could be. Other magis- 
tracies were tenable for one year, the censorship for 
five. It was a serious matter for the same man to 
have authority over people for so many years, in a 
great part of their affairs. He announced that he 
should propose a law that the censorship might not 
last longer than a year and a half. With vast 
enthusiasm on the part of the people the law was 
next day enacted, and Mamercus exclaimed, "That 
you may have positive proof, Quirites, how little 
I approve prolonged authority, I lay down my 

333 



LIVY 

A.U.O. 7 dictatura me abdico." Deposito suo magistratu, 
imposito fine alteri, cum gratulatione ac favore in- 
genti populi domum est reductus. Censores aegre 
passi Mamercum quod magistratum populi Romani 
minuisset tribu moverunt octiplicatoque censu aera- 

8 rium fecerunt. Quam rem ipsum ingenti ammo 
tulisse ferunt causain potius ignominiae intuentem 
quam ignominiam ; primores patrum, quamquam de- 
minuturn censurae ius noluissent, exemplo acerbi- 
tatis censoriae offenses, quippe cum se quisque diutius 
ac saepius subiectum censoribus fore cerneret quam 

9 censuram gesturum : populi certe tanta indignatio 
coorta dicitur ut vis a censoribus nullius auctoritate 
praeterquam ipsius Mamerci deterred quiverit. 

A.U.C. XXV. Tribuni plebi adsiduis contentionibus pro- 

hibendo consularia comitia cum res prope ad interreg- 
num perducta esset, evicere tandem ut tribuni 

2 militum consular! potestate crearentur. Victoriae 
praemium quod petebatur, ut plebeius crearetur, 
nullum l flirt ; omnes patricii creati sunt^ M. Fabius 

3 Vibulanus M. Folius L. Sergius Fidenas. Pestilentia 
eo anno aliarum rerum otium praebuit. Aedis 
Apollini pro valetudine populi vota est. Multa 
duumviri ex libris placandae deum irae averten- 

1 nullum A 2 or A 3 - : nullus 1. 

1 The aerarii were the lowest class of citizens. They could 
neither vote nor hold office ; were not eligible for service in 
the legion ; and shared in the burdens of the state only by 
the payment of taxes aes assessed by the censors, instead 
of being determined by the citizen's sworn declaration, as 
was the case with members of the five classes. 

2 Viz. the Sibylline Books. 

334 



BOOK IV. xxiv. 6-xxv. 3 

dictatorship." Thus, having resigned his own magis- u.c. 434 
tracy and assigned a limit for the other, he was escorted 
to his home by the people, with striking manifesta- 
tions of rejoicing and good-will. The censors, in 
their indignation that Mamercus had abridged a 
magistracy of the Roman People, removed him from 
his tribe, and assessing him at eight times his former 
tax, disfranchised him. 1 This they say Mamercus 
bore with great fortitude, having regard rather to 
the cause of his humiliation than to the humiliation 
itself. The leading patricians, though they had 
opposed the curtailment of the jurisdiction of the 
censorship, were offended by this example of 
censorial ruthlessness, since each of them perceived 
that he should be subjected to the censor for a 
longer period and more frequently than he should 
hold the censor's office. The people at any rate are 
said to have been so enraged that no man's influence 
but that of Mamercus himself could have shielded 
the censors from their violence. 

XXV. The tribunes of the plebs by persistent BO. 
opposition prevented the consular elections from 43<v ' 
taking place. At last, when matters had been 
brought almost to an interregnum, they succeeded 
in their contention that military tribunes with 
consular powers should be chosen. Though they 
hoped their victory would be rewarded by the 
choice of a plebeian, they were disappointed : all 
those who were elected were patricians, Marcus 
Fabius Vibulanus, Marcus Folius, Lucius Sergius 
Fidenas. An epidemic that year afforded a respite 
from other troubles. A temple was vowed to Apollo 
in behalf of the people's health. The duumviri did 
many things by direction of the Books 2 for the 

335 



LIVY 

A.U.C. 4 daeque a populo pestis causa fecere ; mafjna tamen 

321-322 ii-i 1 u 

clades in urbe agnsque promiscua L nominum peco- 
rumque pernicie accepta. Famem quoque ex pesti- 
lentia morbo iniplicitis 2 cultoribus agrorum timentes 
in Etruriam Pomptinumque agrum et Cumas, pos- 
tremo in Sicilian! quoque frumenti causa misere. 

5 Consularium comitiorum nulla mentio habita est ; 
tribuni militum consular! potestate omnes patricii 
creati sunt, L. Pinarius Mamercus L. Furius Me- 
dullinus Sp. Postumius Albus. 

6 Eo anno vis morbi levata neque a penuria fru- 
menti, quia ante provisum erat, periculum fuit. 

7 Consilia ad movenda bella in Volscorum Aequo- 
rumque conciliis et in Etruria ad fanum Voltumnae 

8 agitata. Ibi prolatae in annum res, decretoque 
cautum ne quod ante concilium fierct, nequiquam 
Veiente populo querente eandem qua Fidenae deletae 
sint imminere Veiis fortunam. 

9 Interim Romae principes plebis, iam diu nequi- 
quam imminentes spei maioris honoris dum foris 
otium esset, coetus indicere in domos tribunorum 

10 plebis ; ibi secreta consilia agitare ; queri se a plebe 
adeo spretos, ut cum per tot annos tribuni militum 
consular! potestate creentur, nulli unquam plebeio 

11 ad eum honorem aditus fuerit. Multum providisse 

1 promiscua Gronovius : promiscuae VPOHR : promiscue n. 

2 quoque ex pestilentia morbo implicitis V (inp.) : wanting 
in fl. 

33 6 



BOOK IV. xxv. 3-1 1 

purpose of appeasing the angry gods and averting B.C. 
the plague from the people. Nevertheless the 433 ' 4i2 
losses were severe, both in the City and the country, 
and men and cattle were stricken without distinc- 
tion. They even feared that famine would succeed 
the epidemic, since the farmers were down with the 
disease. They therefore sent to Etruria and the 
Pomptine district, and to Cumae, and finally to 
Sicily itself, for corn. Nothing was said about 
consular elections ; military tribunes with consular 
authority were chosen as follows : Lucius Pinavius 
Mamercus, Lucius Furius Medullinus, Spurius 
Postumius Albus all patricians. 

This year the violence of the disease was mitigated, 
and there was no risk of a dearth of corn, since 
precautions had been taken in advance. Schemes 
for instigating war were discussed in the councils 
of the Volsci and Aequi, and in Etruria at the 
shrine of Voltumna. There the enterprise was put 
over for a year, and it was decreed that no council 
should convene before that date, though the Veientes 
complained without effect that Veii was threatened 
with the same destruction as had overtaken Fidenae. 

Meanwhile in Rome the leaders of the plebs, who 
had now for a long time, while there was peace 
with other nations, been thwarted in their hopes 
of attaining to greater honours, began to appoint 
meetings at the houses of the plebeian tribunes. 
There they considered their plans in secret ; they 
complained that they were held in such contempt 
by the plebs that although military tribunes with 
consular powers had been elected for so many years, 
no plebeian had ever been admitted to that office. 
Their ancestors had shown great foresight in pro- 

337 



LIVY 

A.U.C. suos maiores. qui caverint ne cut natricio plebeii 

591 _ 399 A * 

magistratus paterent ; aut patricios habendos fuisse 
tribunes plebi ; adeo se suis etiam sordere nee a 

12 plebe minus quam a patribus contemni. Alii pur- 
gare plebem, culpam in patres vertere : eorum am- 
bitione artibusque fieri ut obsaeptum plebi sit ad 
honorem iter ; si plebi respirare ab eorum mixtis 
precibus minisque liceat, memorem earn suorum ini- 
turam sufFragia esse et parto auxilio imperium quo- 

13 que adscituram. Placet tollendae ambitionis causa 
tribunos legem promulgare ne cui album in vesti- 
mentum addere petitionis causa liceret. Parva mine 
res et vix serio agenda videri possit, quae tune 

14 ingenti certamine patres ac plebem accendit. Vicere 
tamen tribuni ut legem perferrent ; apparebatque 
inritatis animis plebem ad suos studia inclinaturam. 
Quae ne libera essent, senatus consultum factum 
est ut consularia comitia haberentur. 

323' XXVI. Tumultus causa fuit, quern ab Aequis et 

2 Volscis Latini atque Hernici nuntiarant. T. Quinc- 
tius L. f. Cincinnatiis eidem et Poeno cognomen 

3 additur et Cn. 1 lulius Mento consules facti. Nee 
ultra terror belli est dilatus. Lege sacrata, quae 

1 et Cn. j- : et gneus fl: g. nus M: et gneneus : et 
genucius en V (which omits Mento) : et C. Sigonius (from 
Diod. Sic. xn. xxxviii. 1). 



alludes to the plebeian tribunate, imperium to 
the military tribunate with consular powers. 

2 sc. the plebeian tribunes. 

3 The office-seeker pipe-clayed his toga ; hence candidatus, 
"candidate." 

* Whoever offended against such a law was forfeited (sacct ) 
to the gods. 

338 



BOOK IV. xxv. n-xxvi. 3 

viding that no patrician should be eligible for the B- C - 
plebeian magistracies ; otherwise they would have 
been obliged to have patricians as tribunes of the 
plebs, so contemptible did they appear, even to 
their own class, being no less despised by the 
commons than by the nobles. Others exonerated 
the plebs and threw the blame upon the patricians : 
it was owing to their artful canvassing that the 
plebeians found the road to office blocked ; if the 
plebs might have a breathing-spell from the mingled 
prayers and menaces of the nobles, they would 
think of their friends when they went to vote, and 
to the protection they had already won would add 
authority. 1 It was resolved in order to do away with 
canvassing, that the tribunes 2 should propose a law 
forbidding anyone to whiten his toga, for the 
purpose of announcing himself a candidate. 3 This 
may now appear a trivial thing and one scarcely 
to be considered seriously, but at that time it kindled 
a furious struggle between the patricians and the 
plebs. Yet the tribunes prevailed and carried their 
law ; and it was clear that the plebeians in their 
irritated mood would support the men of their 
own order. That they might not be at liberty to 
do so, the senate decreed that consuls should be 
elected. 

XXVI. The reason alleged was a sudden outbreak B.C. 431 
of hostilities on the part of the Aequi and Volsci, 
which the Latins and the Hernici had reported. 
Titus Quinctius Cincinnatus, son of Lucius the 
same who is given the added surname Poenus, 
and Gnaeus Julius Mento were made consuls. Nor 
was the fear of war deferred. After a levy, held 
under a lex sacrata 4 which was their most effective 

339 



LIVY 

A.U.O. maxima apud eos vis cogendae militiae erat, dilectu 

323 

habito utrimque valid! exercitus profecti in Algidum 

4 convenere, ibique seorsum Aequi, seorsum Volsci 
castra communivere, intentiorque quam unquam 
ante muniendi exercendique militem cura ducibus 

5 erat. Eo plus nuntii terroris Romam attulere. 
Senatui dictatorem dici placuit, quia etsi saepe victi 
populi maiore tamen conatu quam alias unquam 
rebellarant, et aliquantum Romanae iuventutis morbo 

6 absumptum erat. Ante omnia pravitas consulum 
discordiaque inter ipsos et certamina in consiliis 
omnibus terrebant. Sunt qui male pugnatum ab 
his consulibus in Algido auctores sint eamque causam 

7 dictatoris creandi fuisse. Illud satis constat ad alia 
discordes in uno adversus patrum voluntatem con- 
sensisse ne dicerent dictatorem, donee cum alia aliis 
terribiliora adferrentur nee in auctoritate senatus 
consules essent, Q. Servilius Priscus, summis hono- 

8 ribus egregie usus, " Vos " inquit, " tribuni plebis, 
quoniam ad extrema ventum est, senatus appellat 
ut in tanto discrimine rei publicae dictatorem dicere 

9 consules pro potestate vestra cogatis." Qua voce 
audita occasionem oblatam rati tribuni augendae 
potestatis secedunt proque collegio pronuntiant pla- 
cere consules senatui dicto audientes esse ; si adversus 

340 



BOOK IV. xxvi. 3-9 

means of collecting soldiers, strong armies marched B.C. 431 
out from both nations and met on Algidus, where 
the Aequi encamped in one place and the Volsci in 
another, and their generals took more pains than 
ever before to intrench, and to drill their men. For 
this reason the report occasioned the more dismay in 
Rome. The senate resolved that a dictator should be 
appointed, since, though often beaten, those nations 
had renewed the war with greater efforts than at 
any previous time, and a considerable proportion of 
the young Romans had been carried off by the 
plague. Above all, men were frightened by the 
wrong-headedness of the consuls, their want of 
harmony between themselves, and their opposition 
to each other in all their plans. Some writers say 
that these consuls were defeated on Algidus, and 
that this was the reason of the dictator's being 
named. Thus much is clear : though they might 
differ in other matters, they were agreed on one 
thing, to oppose the wishes of the Fathers for the 
appointment of a dictator ; until, as the reports 
grew more and more alarming, and the consuls 
refused to be guided by the senate, Quintus 
Servilius Priscus, a man who had filled with dis- 
tinction the highest offices, cried out, "To you, 
tribunes of the plebs, since matters have come to 
an extremity, the senate appeals, that in this great 
national crisis you may compel the consuls, by virtue 
of your authority, to name a dictator." Hearing 
this the tribunes felt that an opportunity had 
come for increasing their power ; they conferred 
apart, and then announced, in behalf of the 
college, that they were resolved that the consuls 
should obey the senate ; if they persisted further 

VOL. II. M 



LIVY 

A. 0.0. consensum amplissimi ordinis ultra tendant, in vincla 

323 

10 se duel eos iussuros. Consules ab tribunis quam ab 
senatu vinci maluerunt, prodilum a patribus summi 
imperil ius datumque sub iugum tribuniciae potestati 
consulatum memorantes, si quidem cogi aliquid pro 
potestate ab tribuno consules et quo quid ulterius 
private timendum foret? in vincla etiam duci 

1 1 possent. Sors, ut dictatorem diceret nam ne id 
quidem inter collegas convenerat T. Quinctio 
evenit. Is A. Postumium Tubertum, socerum suum, 
severissimi imperii virum, dictatorem dixit ; ab eo 

12 L. lulius magister equitum est dictus. Dilectus 
simul edicitur et iustitium, neque aliud tota urbe 
agi quam bellum apparari. Cogiiitio vacantium 
militiae munere post bellum differtur ; ita dubii 
quoque inclinant ad nomina danda. Et Hernicis 
Latinisque milites imperati ; utrimque enixe oboe- 
ditum dictator! est. 

XXVII. Haec omnia celeritate ingenti acta ; re- 
lictoque Cn. lulio consule ad praesidium urbis et 
L. lulio magistro equitum ad subita belli ministeria, 
ne qua res qua eguissent in castris moraretur, dic- 

1 For fear that their claims being then disallowed they 
would be treated as deserters. 

342 



BOOK IV. xxvi. 9-xxvn. i 

to oppose the unanimous opinion of that most B.C. 431 
honourable order, they should command them to 

J 

be put in prison. The consuls preferred to be 
defeated by the tribunes rather than by the senate. 
They declared that the senators had betrayed the 
rights of the highest office in the state and had 
ignominiously surrendered the consulship to the 
tribunician power, since apparently it was possible 
for the consuls to be subjected to the official 
compulsion of a tribune, and even what could 
a private citizen fear more than that? be carried 
off to gaol. It was determined by lot for the 
colleagues had not been able to agree even 
about this that Titus Quinctius should name the 
dictator. He appointed Aulus Postumius Tubertus, 
his father-in-law, a man of the sternest authority; 
and by him Lucius Julius was chosen master of the 
horse. At the same time a levy was proclaimed 
and a cessation of legal business, and it was ordered 
that nothing else should be done in all the City 
but prepare for war. The examination of those 
who claimed exemption from military service was 
put over till after the war, and so even those whose 
cases were uncertain were disposed to give in their 
names. 1 Men were required also of the Hernici 
and the Latins, and in both instances the dictator 
was zealously obeyed. 

XXVII. These measures were all carried out with 
great dispatch. Gnaeus Julius the consul was left 
behind to protect the city ; and Lucius Julius, the 
master of the horse, to meet the sudden demands 
which arise in war, that the troops might not be 
hampered in camp by the want of anything that 
they might need. The dictator, repeating the words 

343 



L1VY 

A.D.O tator praeeunte A. Cornelio pontifice maximo ludos 

2 magnos tumultus causa vovit, profectusque ab urbe 
diviso cum Quinctio consule exercitu ad hostes per- 

3 venit. Sicut bina castra hostium parvo inter se 
spatio distantia viderant, 1 ipsi quoque mille ferme 
passus ab hoste dictator Tusculo, consul Lanuvio 

4 propiorem locum castris ceperunt. Ita quattuor ex- 
ercitus totidem munimenta planitiem in medio non 
parvis modo excursionibus ad proelia, sed vel ad 
explicandas utrimque acies satis patentem habebant. 

5 Nee ex quo castris castra conlata sunt cessatum a 
levibus proeliis est, facile patiente dictatore confer- 
endo vires spem universae victoriae temptato pau- 

6 latim eventu certaminum suos praecipere. Itaque 
hostes nulla in proelio iusto relicta spe, noctu adorti 
castra consulis rem in casum ancipitis eventus com- 
mittimt. Clamor subito ortus non consulis modo 
vigiles, exercitum deinde omnem, sed dictatorem 

7 quoque ex somno excivit. Ubi praesenti ope res 
egebant, consul nee animo defecit nee consilio : pars 
militum portarum stationes firmant, 2 pars corona 

8 vallum cingunt. In alteris apud dictatorem castris 
quo minus tumultus est, eo plus animadvertitur quid 
opus facto sit. Missum extemplo ad castra subsidium, 
cui Sp. Postumius Albus legatus praeficitur : ipse 

1 viderant A: uideret V ': uiderunt $-: videre, ita Madvig. 
* firmant - : firmat fl. 



1 Not to be confounded with the annual Ludi Magni estab- 
lished by A. Postumius after his victory at Lake Regillus, 
499 B.C. The present reference is to votive games to be 
given, in the event of victory, as payment in full for the 
assistance of the gods, 

344 



BOOK IV. xxvn. T-8 

after Aulus Cornelius the pontifex maximus, vowed B.C. 431 
to celebrate great games l if he succeeded in 
quelling the outbreak, and, dividing his army with 
the consul Quinctius, set out from Rome and 
came to the enemy. Seeing that the opposing 
forces occupied two camps with a little space 
between, the Roman generals followed their ex- 
ample and encamped about a mile from the enemy, 
the dictator nearer to Tusculum and the consul to 
Lanuvium. Thus the four armies in their four in- 
trenchments had in their midst a field of sufficient 
extent not merely for small preliminary skirmishes 
but even for drawing up lines of battle on both sides. 
Nor from the moment the Romans had pitched their 
camp near that of the enemy did they once cease 
skirmishing; and the dictator was well content that 
his men should match their strength against their 
adversaries, and by trying the outcome of these con- 
tests come, little by little, to count upon a general 
victory. The enemy in consequence abandoned all 
hope of success in a regular battle and attacked the 
consul's camp at night, committing their cause to 
the hazard of a dangerous enterprise. The shout 
which suddenly broke out aroused not only the 
consul's sentries and after them his entire army, but 
the dictator as well. When circumstances required 
instant action, the consul proved to be wanting 
neither in resolution nor in judgment. With a part 
of his soldiers he reinforced the guards at the gates ; 
with a part he lined the palisade. In the other camp, 
with the dictator, there was less confusion and a 
correspondingly clearer perception what was needful 
to be done. Reinforcements were immediately sent 
to the consul's camp, under Spurius Postumius Albus 

345 



LIVY 

parte copiarum parvo circuitu locum maxime secre- 
turn ab tumultn petit unde ex necopinato aversum x 
9 hostern invadat. Q. Snlpicium legatum praeficit 
castris; M. Fabio legato adsignat equites, nee ante 
lucem movere iubet manum inter nocturnos tumultus 
moderatu difficilem. Omnia, quae vel alius im- 
perator prudens et impiger in tali re praeciperet 

10 ageretque, praecipit ordine atque agit ; illud eximium 
consilii animique specimen et neutiquam volgatae 
laud is j quod ultro ad oppiignanda castra hostium, 
unde maiore agmine profectos 2 exploratum fuerat, 

11 M. Geganium cum cohortibus delectis misit. Qui 
postquam intentos homines in eventum periculi 
alieni pro se incautos neglectis vigiliis stationibusque 
est adortus, prius paene cepit castra quam oppugnari 

12 hostes satis scirent. Inde fumo, ut convenerat, 
datum signum ubi conspectum ab dictatore est, 
exclamat capta hostium castra nuntiarique passim 
kibet. 

XXVIII. Et iam lucescebat omniaque sub oculis 

erant. Et Fabius cum equitatu impetum dederat et 

consul eruptionem e castris in trepidos iam hostes fece- 

2 rat ; dictator autem parte altera subsidia et secundam 



1 aversum A 2 5- : aduersum (-s M) Cl. 

2 profectos $- : profectus n. 



346 



BOOK IV. xxvn. 8-xxvin. 2 

the lieutenant : the dictator himself, taking a part of B.C. 431 
his forces, marched by a slight detour to a place 
absolutely screened from the fighting, that he might 
thence strike the enemy unawares as he faced the 
other way. The lieutenant Quintus Sulpicius he 
put in charge of the camp ; to the lieutenant 
Marcus Fabius he assigned the cavalry, but ordered 
him not to move his command till daybreak, as 
it would be hard to control in the confusion 
of the night. Everything that any wise and active 
general could have commanded and carried out in 
such a situation was duly commanded and carried 
out by him; but an unusual proof of judgment and 
daring and one which reflects no ordinary credit 
upon him was this, that he actually attacked the 
enemy's camp (from which, as he ascertained, they 
had marched out with more than half their troops), 
dispatching Marcus Geganius with some chosen 
cohorts on that service. This officer found his foes 
absorbed in the issue of the dangerous work under- 
taken by their fellows, and with no thought for 
themselves, neglecting their sentinels and outguards ; 
lie attacked them, captured their camp almost before 
they fully realized that they were assailed, and sent 
up a prearranged signal of smoke, on seeing which 
the dictator cried out that the enemy's camp was 
taken and bade spread the news. 

XXVIII. By this time the day was breaking and 
everything could be seen. Fabius had delivered a 
charge with his cavalry ; the consul had made a sally 
from the camp against the enemy, who were already 
wavering; while the dictator, on the other side of 
the field, attacking the supports and the second line, 
had fallen upon the foe from every side, as they 

347 



LIVY 

A.TJ.O. aciem adortus circumagenti se 1 ad dissonos clamores 

32? 

ac subitos tumultus hosti undique obiecerat victorem 

3 peditem equitemque. Circumventi igitur iam in 
medio ad unum omnes poenas rebellionis dedissent, 
ni Vettius Messius ex Volscis, nobilior vir factis 
quam genere, iam orbem volventes suos increpans 

4 clara voce " Hie praebituri " inquit, " vos telis hostium 
estis indefensi, inulti ? Quid igitur arma habetis aut 
quid ultro bellum intulistis, in otio tumultuosi, in 
bello segnes ? Quid hie stantibus spei est ? An deum 
aliquem protecturum vos rapturumque hinc putatis ? 

5 Ferro via facienda est. Hac, qua me praegressum 
videritis, agite, qui visuri domos parentes coniuges 
liberos estis, ite mecum ! Non murus nee vallum 
sed armati armatis obstant. Virtu te pares, necessi- 
tate, quae ultimum ac maximum telum est, superiores 

6 estis." Haec locutum exsequentemque dicta red- 
integrato clamore secuti dant impressionem qua 
Postumius Albus cohortes obiecerat ; et moverunt 
victorem, donee dictator pedem iam referentibus 

7 suis advenit, eoque omne proelium versum est. Uni 
viro Messio fortuna hostium innititur. Multautrim- 
que volnera, multa passim caedes est. lain ne duces 

8 quidem Romani incruenti pugnant. Unus Postumius 
ictus saxo perfracto capite acie excessit, non dicta- 

1 circumagenti se $- : <nrcumagenti A z (or A 3 ): circum- 
agentes fl : agentes M. 

348 



BOOK IV. xxviii. 2-8 

wheeled about to meet the wild shouts and sudden BX. 431 
onsets, with his victorious foot and horse. Accord- 
ingly, being now hemmed in on every side, the 
enemy would have suffered to a man the penalty of 
their rebellion, had not Vettius Messius, a Volscian 
more distinguished by his deeds than by his birth, 
called out in a clear voice to his men, who were 
already crowding together in a circle, " Are you 
going to offer yourselves up here to the weapons ot 
the enemy, defenceless and unavenged ? To what 
end then are you armed, or why without provocation 
did you make war, turbulent in peace and sluggards 
in the field? What hope is there while you stand 
here ? Do you think that some god will protect you 
and deliver you from this plight? It is your swords 
must make a way for you ! Come, where you see 
me go before, there you must follow, if you would 
look on homes, parents, wives and children ! It is 
not a wall or rampart that blocks your path, but 
armed men like yourselves. In courage you are 
their equals ; in necessity, which is the last and 
chiefest weapon, you are the better men." So he 
spoke, and acted on the word. Renewing their 
shouts they followed after, and hurled themselves 
against the Romans where the cohorts of Postumius 
Albus had confronted them. And they forced the 
victors to give ground, until the dictator came up, as 
his men were already falling back, and the fighting 
all centred on that spot. On one single warrior, 
Messius, hung the fortunes of the enemy. Many 
were the wounds on either side, and great was the 
slaughter everywhere. Now even the Roman leaders 
were bleeding as they fought. Only Postumius left 
the battle, struck by a stone that broke his head. 

349 



L1VY 

torem umerus volneratus, non Fabium prope adfixum 
equo femur, non bracchium abscisum consulem ex 
tarn ancipiti proelio submovit. 

XXIX. Messium impetus per stratos caede hostes 
cum globo fortissimorum iuvenum extulit ad castra 
Volscorum, quae nondum capta erant. Eodem omnis 

2 acies inclinatur. Consul effusos usque ad vallum 
persecutus ipsa castra vallumque adgreditur ; eodem 

3 et dictator alia parte copias admovet. Non segnior 
oppugnatio est quam pugna fuerat. Consulem sig- 
num quoque intra vallum iniecisse ferunt, quo milites 
acrius subirent, repetendoque signo primam impres- 
sionem factam. Et dictator proruto vallo iam in 

4 castra proelium intulerat. Turn abici passim arma 
ac dedi hostes coepti, castrisque et his captis hostes 
praeter senatores omnes veiium dati sunt. Praedae 
pars sua cognoscentibus Latinis atque Hernicis 
reddita, partem sub hasta dictator vendidit ; prae- 
positoque consule castris ipse triumphans invectus 

5 urbem dictatura se abdicavit. Egregiae dictaturae 
tristem memoriam faciunt, qui filium ab A. Postumio, 
quod occasione bene pugnandi captus iniussu de- 
cesserit 1 praesidio, victorem securi percussum tra- 

6 dunt. Nee libet credere, et licet in variis opinioni- 

1 decesserit Gronovius : discesserit (-ceserit A) fl. 
35 



BOOK IV. xxvin. 8-xxix. 6 

A wounded shoulder could not drive the dictator B.C. 431 
from so critical a fight ; nor would Fabius retire for 
a thigh almost pinned to his horse ; nor the consul 
for an arm that was hewn away. 

XXIX. Messius pressed on with a band of 
courageous youths over the slain bodies of his 
enemies, and reached the Volscian camp, which had 
not yet been taken ; and on that point the entire 
battle converged. The consul, after pursuing his 
opponents clear up to the rampart, assailed the camp 
itself and the palisade ; and thither from another 
part of the field the dictator brought up his troops. 
The assault was no less vigorous than the battle had 
been. They say that the consul even cast his 
standard into the stockade, to make his men the 
more eager in the charge, and that in seeking to 
recover it they made the first breach. The dictator 
too had breached the rampart and had already carried 
the fighting into the camp. Then the enemy began 
on every hand to throw down their arms and surrender. 
Finally the camp itself was captured, and the enemy 
were all sold into slavery, except the senators. A 
portion of the booty was restored to the Latins and 
the Hernici, on their identifying it as their own ; a 
part was sold at auction by the dictator ; who then 
left the consul in command of the camp and returning 
himself in triumph to the City laid down his office. 
The memory of the noble dictatorship assumes a 
sombre hue in a tradition that Aulus Postumius' son, 
who, tempted by an opportunity of fighting to 
advantage, had left his post unbidden, was in the 
hour of his victory beheaded by his father's orders. 
One is loath to believe this story, and the diversity 
of opinion allows one to reject it. It is an indication 



LIVY 

A.U.O. bus ; et argumento est, quod imperia Manliana, 1 non 
Postumiana appellata suiit, 2 cum 3 qui prior auctor 
tarn saevi exempli foret, occupaturus insignem titu- 
lum crudelitatis fuerit. Imperioso quoque Manlio 
cognomen inditum ; Postumius nulla tristi nota est 
insignitus. 

7 Cn. lulius 4 consul aedem Apollinis absente collega 
sine sorte dedicavit. Aegre id passus Quinctius cum 
dimisso exercitu in urbem redisset, nequiquam in 
senatu est conquestus. 

8 Insigni magnis rebus anno additur nihil turn ad 
rem Romanam pertinere visum, quod Carthagini- 
enses, tanti hostes futuri, turn primum per seditiones 
Siculorum ad partis alterius auxilium in Sicilian! 
exercitum traiecere. 

*r^- c - XXX. Agitatum in urbe ab tribunis plebis ut 

tribuni militum consulari potestate crearentur nee 
obtineri potuit. Consules fiunt L. Papirius Crassus 
L. lulius. Aequorum legati foedus ab senatu cum 
petissent et pro foedere deditio ostentaretur, indtitias 

2 annorum octo impetraverunt : Volscorum res super 
acceptam in Algido cladem pertinaci certamine inter 
pacis bellique auctores in iurgia et seditiones versa : 

3 undique otium fuit Romanis. Legem de multarum 

1 Manliana Vorm. : Malliana n. 2 sunt 5- : sint fl. 

3 cum Rhenanus : quern ft. 

4 CM. lulius fl : en. c. iulius DLA : C. lulius Sigonius 
(cf. chap. xxvi. 2 and note). 

1 Alluding to the story told at vin. vii. 1. 

2 A mistake. The Carthaginians had obtained a foothold 
in Sicily long before this time, and (according to Herodotus, 
vii. 166), were defeated in a great naval battle by the 
Sicilians on the same day that Salamis was fought (480 B.C.). 

3 The same who had been consul in 435 ? Livy usually 
notes the second election to a consulship with the word 

352 



BOOK IV. xxix. 6-xxx. 3 

of its falsity that we speak of Manlian, 1 not Postumian B .o 431 
discipline, whereas he who had first established so 
rigorous a precedent would himself have received 
that notorious stigma of cruelty. Besides, Manlius 
was given the surname Imperiosus "the Despotic " 
while Postumius received no such grim distinction. 

Gnaeus Julius the consul dedicated the temple of 
Apollo in the absence of his colleague, without draw- 
ing lots. Quinctius resented this, when he had 
dismissed his army and returned to the City; but 
his complaint of it in the senate was without effect. 

To the history of a year famous for its great 
events, is appended a statement as though the inci- 
dent was then regarded as of no importance to the 
Roman state that the Carthaginians, destined to be 
such mighty enemies, then for the first time sent 
over an army into Sicily to assist one of the factions 
in the domestic quarrels of the Sicilians. 2 

XXX. An effort was made in the City by the B - c - 
tribunes of the plebs to procure the election of mili- * 
tary tribunes with consular powers, but it was 
unsuccessful. Lucius Papirius Crassus 3 and Lucius 
Julius were chosen consuls. The Aequi, through 
their envoys, sought a treaty from the senate. 
Instead of granting a treaty, the senate suggested that 
they surrender ; but they asked and obtained a truce 
for eight years. The Volscian commonwealth, in 
addition to the disaster it had suffered on Algidus, 
had become involved in quarrels and seditions, in 
consequence of an obstinate struggle between the 
advocates of peace and those of war. The Romans 
everywhere enjoyed peace. A law concerning the 

itcrum, Diodorus, xii. 72, gives our consul's name as 
Gaius. 

353 



LIVY 

A.O.C. aestimatione pergratam populo cum ab tribunis 
parari consules unius ex collegio proditione excepis- 
sent, ipsi praeoccupaverunt ferre. 

4 Consules L. Sergius Fidenas iterum Hostius ] 
Lucretius Tricipitinus. Nihil dignum dictu actum 
his consulibus. Secuti eos consules A. Cornelius 

5 Cossus T. Quinctius Poenus iterum. Veientes in 
agrum Romanum excursiones fecerunt. Fama fuit 
quosdam ex Fidenatium iuventute participes eius 
populationis fuisse, cognitioque eius rei L. Sergio et 

6 Q. Servilio et Mam. Aemilio permissa. Quidani 
Ostiam relegati, quod cur per eos dies a Fidenis 
afuissent parum constabat. Colonorum additus 
numerus agerque iis bello interemptorum adsignatus, 

7 Siccitate eo anno plurimum laboratum est, nee 
caelestes modo defuerunt aquae sed terra quoque 
ingenito umore egens vix ad perennes suffecit amnes 

8 Defectus alibi aquarum circa torridos fontes rivosque 
stragem siti pecorum momentum dedit ; scabie alia 
absumpta ; volgatique contactu in homines morbi. 
Et primo in agrestes ingruerant servitiaque ; urbs 

9 deinde impletur. Nee corpora modo adfecta tabo, 
sed animos quoque multiplex religio et pleraque 
externa irivasit, novos ritus sacrificandi vaticinando 

1 Hostius n (T. xii. 2) : Hostus Sigonius (C.LL. i 2 , p. 111). 

1 An earlier law (Menenia Sexiia, 452 B.C.) had fixed the 
limit of fines which magistrates might impose on their own 
responsibility at two sheep for poor men and thirty oxen for 
rich men. The present law (Papiria Juliet} provided for a 
uniform money equivalent for these fines, viz. twenty and 
three thousand asses respectively. 

354 



BOOK IV. xxx. 3-9 

valuation of fines was most welcome to the people. B.C. 
Having learned through the treachery of a member 43 427 
of the college that the tribunes were drawing one up, 
the consuls anticipated their action and themselves 
proposed it. 1 

The next consuls were Lucius Sergius Fidenas 
(for the second time) and Hostius Lucretius Tricipi- 
tinus. Nothing noteworthy was done this year. 
They were succeeded in the consulship by Aulus 
Cornelius Cossus and Titus Quinctius Poenus, who 
was elected for the second time. The Veientes 
made inroads into Roman territory. It was rumoured 
that certain young men of Fidenae had shared in the 
pillaging. The investigation of this report was 
intrusted to Lucius Sergius, Quintus Servilius, and 
Mamercus Aemilius ; and certain men were banished 
to Ostia, because it was not clear why they had been 
away from Fidenae during those days. A number 
of settlers were added to the colony, and land was 
assigned them which had belonged to men who had 
fallen in the war. A drought that year caused great 
suffering. Not only did the skies provide too little 
rain, but the earth as well was deficient in native 
moisture and could hardly supply the perennial 
streams. In some cases the failure of the sources 
caused the dry springs and brooks to be lined with 
cattle perishing of thirst ; others were carried off by 
a mange, and their diseases were by contact commu- 
nicated to mankind. At first they attacked country 
people and slaves ; then the City was infected. And 
not only were men's bodies smitten by the plague, 
but a horde of superstitions, mostly foreign, took 
possession of their minds, as the class of men who 
find their profit in superstition-ridden souls intro- 

355 



LIVY 

A.U.O. inferentibus in domos, quibus quaestui sunt capti 

? 10 superstitione animi, donee publicus iam pudor ad 

primores civitatis pervenit cernentes in omnibus 

vicis sacellisque peregrina atque insolita piacula 

11 pacis deum exposcendae. Datum inde negotium 
aedilibus ut aniniadverterent ne qui nisi Romani 
di neu quo alio more quam patrio colerentur. 

12 Irae adversus Veientes in insequentem annum, C. 
Servilium Ahalam L. Papirium Mugillanum l consules, 

13 dilatae sunt. Tune quoque ne confestim bellum 
indiceretur neve exercitus mitterentur religio 
obstitit ; fetiales prius mittendos ad res repetendas 

14 censuere. Cum Veientibus nuper acie dimicatum ad 
Nomentum et Fidenas fuerat, indutiaeque inde, non 
pax facta, quarum et dies exierat et ante diem 
rebellaverant ; missi tamen fetiales ; nee eorum, cum 
more patrum iurati repeterent res, verba sunt audita. 

15 Controversia inde fuit utrum populi iussu indiceretur 
bellum an satis esset senatus consultum. Pervicere 
tribuni, denuntiando impedituros se dilectum, ut 
Quinctius consul de bello ad populum ferret. 

16 Omnes centuriae iussere. In eo quoque plebs 
superior fuit, quod tenuit ne consules in proximum 
annum crearentur. 

4 u c> XXXI. Tribuni militum consulari potestate quat- 

tuor creati sunt, T. Quinctius Poenus ex consulatu 

2 C. Furius M. Postumius A. Cornelius Cossus. Ex 

1 Mugillanum Drakenborch : mugilanumfl; mugillano Off : 
mugilano ^. 

1 For the procedure of the fetials see I. xxxii. 

2 If the war was a new war it must be sanctioned by vote 
of the people ; if merely a continuation of the old war thia 
was unnecessary. 

356 



BOOK IV. xxx. 9-xxxi. 2 

duced strange sacrificial rites into their homes, B o.. r 
pretending to be seers ; until the public shame 43a 41/ ' 
finally reached the leading citizens, as they beheld 
in every street and chapel outlandish and unfamiliar 
sacrifices being offered up to appease Heaven's 
anger. The aediles were then commissioned to 
see to it that none but Roman gods should be wor- 
shipped, nor in any but the ancestral way. 

Revenge on the men of Veii was postponed till 
the following year, when Gaius Servilius Ahala and 
Lucius Papirius Mugillanus were consuls. Even 
then a religious scruple prevented the immediate 
declaration of war and dispatch of armies ; they 
resolved that fetials must first be sent to require 
restitution. Not long before there had been a battle 
with the Veientes near Nomentum and Fidenae, and 
this had been followed not by peace but by a truce. 
Its time had now run out, and indeed the enemy 
had begun to fight again before its expiration; 
nevertheless fetials were sent; yet their words, when 
they sought reparation after taking the customary 
oath, 1 were not attended to. A dispute then 
arose whether war should be declared by command 
of the people, or whether a senatorial decree was 
enough. 2 The tribunes prevailed, by threatening to 
hinder the levy, and forced the consul Quinctius to 
refer the question of war to the people. All the 
centuries voted for it. In this respect also the plebs 
had the better, that they made good their wish that 
consuls should not be elected for the following year. 

XXXI. Four military tribunes with consular powers B.C. 428 
were elected, Titus Quinctius Poenus, who had just 
been consul, Gaius Furius, Marcus Postumius, and 
Aulus Cornelius Cossus. Of these, Cossus had charge 

* O 

357 



LIVY 

A.U.O his Cossus praefuit urbi, tres dilectu habito profecti 
sunt Veios documentoque fuere quam plurium im- 
perium bello inutile esset. Tendendo ad sua quisque 
consilia, cum aliud alii videretur, aperuerunt ad 

3 occasionem locum hosti ; incertam namque aciem, 
signum aliis dari, receptui aliis cani iubentibus, 
invasere opportune Veientes. Castra propinqua 

4 turbatos ac terga dantes accepere ; plus itaque 
ignominiae quam cladis est acceptum. Maesta 
civitas fuit vinci insueta ; odisse tribunes, poscere 
dictatorem : in eo verti spes civitatis. Et cum ibi 
quoque religio obstaret ne non posset nisi ab consule 
dici dictator, augures consulti earn religionem 

5 exemere. A. Cornelius dictatorem Mam. Aemilium 1 
dixit et ipse ab eo magister equitum est dictus ; adeo, 
simul fortuna civitatis virtute vera eguit, nihil 
censoria animadversio effecit quo minus regimen 
rerum ex notata indigne domo peteretur. 

6 Veientes re secunda elati missis circum Etruriae 
populos legatis iactando tres duces Romanos ab se 
uno proelio fusos, cum tamen nullam publici consilii 
societatem movissent, voluntarios undique ad spem 

7 praedae adsciverunt. Uni Fidenatium populo rebel- 
lare placuit ; et tamquam nisi ab scelere bellum 
ordiri nefas esset, sicut legatorum ante, ita turn 

1 Mam. Aemilium $- (cf. chap, xxiii. 5) : m(or m) aemilium 
ft : nmrtium aemilium E. 

1 See chap. xxiv. 
353 



BOOK IV. xxxi. 2-7 

of the City ; the three others held a levy and inarch- B.C. 426 
ing against Veii gave a demonstration how unprofit- 
able it was in war to parcel out authority. By 
pursuing each his own counsels, one having this 
opinion, another that, they gave the enemy room to 
take them at a disadvantage ; for their army was 
confused when some bade sound the charge, while 
others commanded the recall ; and at this favourable 
moment the Veientes fell upon them. The camp, 
which was close by. received the demoralized and 
fleeing men, and so they suffered more disgrace than 
actual harm. The nation was filled with grief, for 
it was not used to being conquered ; disgusted with 
the tribunes, people demanded a dictator : therein, 
they said, lay the hope of the state. And when 
they seemed likely to be thwarted in that also, by a 
scrupulous feeling that no one but a consul could 
name a dictator, the augurs were consulted and re- 
moved the impediment. Aulus Cornelius named as 
dictator Mamercus Aemilius and was himself ap- 
pointed by Mamercus master of the horse, so true is 
it that when the fortune of the state required real 
worth, the animadversion of the censor could by no 
means prevent men's seeking a director of their affairs 
in a house undeservedly stigmatized. 1 

The Veientes, elated by their success, dispatched 
envoys round about to the peoples of Etruria, boasting 
that they had routed three Roman commanders in 
one fight. Nevertheless they obtained no general 
support from the league, though they attracted 
volunteers from all quarters by the prospect of 
booty. Only the people of Fideiiae voted to renew 
the war ; and, as though it were forbidden to com- 
mence war without a crime, as before in the blood 

359 



LIVY 



A.D.C. novorum colonorum caede imbutis armis Veientibus 

328 

8 sese coniungunt. Consultare inde principes duorum 
populorum Veios an Fidenas sedem belli caperent. 
Fidenae visae opportuniores ; itaque traiecto Tiber! 

9 Veientes Fidenas transtulerunt bellum. Romae 
terror ingens erat. Accito exercitu a Veiis, eoque 
ipso ab re male gesta perculso castra locantur ante 
portam Collinam, et in muris armati dispositi, et 
iustitium in foro tabernaeque clausae fiuntque 
omnia castris quam urbi similiora (XXXII), cum 
trepidam civitatem praeconibus per vicos dimissis 

2 dictator ad contionem advocatam increpuit quod 
animos ex tarn levibus momentis fortunae suspenses 
gererent ut parva iactura accepta, quae ipsa non 
virtute hostium nee ignavia Romani exercitus sed 
discordia imperatorum accepta sit, Veientem hostem 
sexiens victum pertimescant Fidenasque prope saepius 

3 captas quam oppugnatas. Eosdem et Romanes et 
hostes esse qui per tot saecula fuerint ; eosdem 
animos, easdem corporis vires, eadem arma gerere ; 
se quoque eundem dictatorem Mam. 1 Aemilium esse 
qui antea Veientium Fidenatiumque adiunctis 

4 Faliscis ad Momentum exercitus fuderit, et magi- 

1 Mam. 5-: m (or m) fl: marcium E. 
360 



BOOK IV. xxxi. 7-xxxn. 4 

of the ambassadors, so now they imbued their swords B.C. 426 
in that of the new settlers, and joined the men of 
Veii. Consultations followed between the leaders 
of the two nations whether they should take Veii 
or Fidenae for the headquarters of their campaign. 
Fidenae seemed the fitter ; and accordingly the 
Veientes crossed the Tiber and transferred the war 
to Fidenae. At Rome there was a wild alarm. The 
troops were recalled from Veii, though even their 
spirits were much daunted in consequence of their 
failure, and encamped before the Colline Gate. 
Armed men were disposed along the walls, a cessa- 
tion of the courts was proclaimed in the Forum, the 
shops were closed, and everything assumed more 
the look of a camp than of a city. XXXII. The 
dictator, sending heralds this way and that through 
the streets, summoned the frightened citizens to 
an assembly, where he rebuked them for possessing 
hearts so easily dismayed by trivial fluctuations of 
fortune that on sustaining a slight reverse and 
that not due to the valour of the enemy or the 
cowardice of the Roman army, but to a disagree- 
ment among their generals they were seized with 
dread of the Veientine enemy whom they had 
six times defeated, and of Fidenae which they 
had captured almost more often than they had 
attacked it. Both the Romans and their enemies 
were the same as they had been for so many 
generations ; they had the same courage, the same 
bodily vigour, the same weapons ; he was himself 
the same dictator Mamercus Aemilius who had 
formerly put to flight the armies of the Veientes and 
the Fidenates, with the Faliscans added, before 
Momentum ; and, as master of the horse, Aulus 

361 



LIVY 

i.u.c. strum equitum A. Cornelium eundem in acie fore 

328 

qui priore bello tribunus militum, Larte Tolumnio 
rege Veientium in conspectu duorum exercituum 
occiso, spolia opima lovis Feretri templo intulerit. 

5 Proinde memores secam triumphos, secum spolia, 
secum victoriam esse, cum hostibus scelus legatorum 
contra ius gentium interfectorum, caedem in pace 
Fidenatium colonorum, indutias ruptas, septimam 

6 infelicem defectionem, arma caperent. Simul castra 
castris coniunxissent, satis confidere nee scelera- 
tissimis hostibus diuturnum ex ignominia exercitus 
Romani gaudium fore, et populum Romanurn intellec- 

7 turum quanto melius de re publica meriti sint qui se 
dictatorem tertium dixerint quam qui 1 ob erepturn 
censurae regnum labem secundae dictaturae suae 

8 imposuerint. Votis deinde nuncupatis profectus 
mille et quingentos passus citra Fidenas castra locat, 

9 dextra montibus, laeva Tiber! amne saeptus. T. 
Quinctium Poenurn legatum occupare montes iubet 
occultumque id iugum capere quod ab tergo hostibus 
foret. 

10 Ipse postero die cum Etrusci pleni animorum ab 
pristini 2 diei meliore occasione quam pugna in aciem 
processissent, cunctatus parumper, dum speculatores 
referrent Quinctium evasisse in iugum propinquum 



1 quam qui Tan. Fabcr : quam eos qui 

2 ab pristini 5- : ac pristini H. 



362 



BOOK IV. xxxn. 4-io 

Cornelius would be the same man in battle that B.C. 426 
he had shown himself in the former war, when as 
military tribune he had slain Lars Tolumnius, king 
of the Veientes, in full sight of both armies, and had 
borne the spoils of honour to the temple of Jupiter 
Feretrius. Let them remember then that theirs 
were the triumphs, theirs the spoils, theirs the 
victory ; while their enemies were stained with the 
crime of putting envoys to death against the law 
of nations, with the slaughter in time of peace of 
settlers at Fidenae, with the broken truce, with 
rebelling unsuccessfully for the seventh time. Let 
them think of these things and arm. When once 
they should have pitched their camp near the camp 
of the enemy, he was very confident the dastar41y 
foe would not long rejoice over the humiliation of 
a Roman army; but that the Roman People would 
perceive how much better those men had served 
the state who had named him for the third time 
dictator, than had those who, because he had torn 
from the censorship its tyrannical powers, had fixed 
a stigma upon his second dictatorship. Then, having 
offered vows to the gods, he marched out and en- 
camped a mile and a half this side of Fidenae, 
protected on his right by mountains, on his left 
by the river Tiber. His lieutenant Titus Quinctius 
Poenus he commanded to secure the mountains and 
secretly to occupy the ridge which lay to the 
enemy's rear. 

On the morrow, when the Etruscans, in high 
feather at what, on the previous day, had been 
more good luck than good fighting, sallied forth to 
offer battle, the dictator delayed a little, till his 
scouts should report that Quinctius had come out 

363 



LIVY 
.U.O arci Fidenarum, signa profert peditumque aciem 

> - 3 

11 instructam pleno gradu in hostem inducit ; magistro 
equitum praecipit ne iniussu pugnam incipiat : se 
cum opus sit equestri auxilio signum daturum ; turn 
ut memor regiae pugnae, mernor opimi doni Romu- 

12 lique ac lovis Feretri rem gereret. Legiones impetu 
ingenti confligunt. Romanus odio accensus impium 
Fidenatem, praedonem Veientem, ruptores induti- 
arum, cruentos legatorum infanda caede, respersos 
sanguine colonorum suorum, perfidos socios, imbelles 
hostes compellans, factis simul dictisque odium 
explet. 

XXXIII. Concusserat primo statim congressu 
hostem, cum repente patefactis Fidenarum portis 
nova erumpit acies inaudita ante id tempus invisi- 

2 tataque. Ignibus armata ingens multitudo faci- 
busque ardentibus tota conlucens velut fanatico 
instincta furore l cursu in hostem ruit, formaque 

3 insolitae pugnae Romanes parumper exterruit. Turn 
dictator magistro equitum equitibusque, turn ex 
montibus Quinctio accito proelium ciens ipse in 
sinistrum cornu, quod, incendio similius quam 
proelio, territum cesserat flammis, accurrit claraque 

4 voce " Fumone victi " inquit, te velut examen apum 

1 fanatico instincta furore H. J. Mueller (furore instincta 
Cornelissen) : fanatico instincta fl. 



BOOK IV. xxxn. lo-xxxm. 4 

on the ridge near the citadel of Fidenae ; and then B.C. 426 
forming his infantry in line of battle led them at 
the double against the enemy. He directed the 
master of the horse not to begin to fight until he 
got his orders : when he required the help of the 
cavalry, he would himself give the signal ; let him 
then bear himself as one mindful of his battle with 
a king, of his glorious offering, of Romulus and 
Jupiter Feretrius. The armies came together with 
great fury. The Romans were consumed with 
iiatred. "Traitors" was the name they gave the 
Fidenates, and " brigands" the men of Veii ; they 
called them breakers of truces, stained with the 
horrid murder of ambassadors, sprinkled with the 
gore of their own settlers, faithless allies and 
cowardly enemies ; and fed their rage at once with 
deeds and with words. 

XXXIII. They had shaken the enemy's resist- 
ance at the very first onset, when suddenly the 
gates of Fidenae were flung open and a strange 
kind of army, never seen before or heard of, came 
pouring out. Fire was the weapon of that vast 
multitude, and blazing torches threw a glare upon 
the entire throng when, as though inspired with 
a wild insanity, they rushed headlong on their 
enemy. For an instant the strangeness of this 
kind of battle dismayed the Romans. Then the 
dictator, calling up the master of the horse and 
his cavalry, sending for Quinctius to come down 
from the mountains, and urging on the fight himself, 
hurried to the left wing, which, as though it found 
itself in a conflagration rather than a line of battle, 
had shrunk back in terror from the flames, and in 
a loud voice cried out : " Will you quit your post, 

3 6 5 



LIVY 

A.U.C. loco vestro exact! inermi cedetis liosti ? Non ferro 

228 

exstinguetis l ignes ? Non faces has ipsas pro se 
quisque, si igni, non tells pugnandum est, ereptas 
C ultro inferetis ? Agite, nominis Roman! ac virtutis 
patrum vestraeque memores vertite incendium hoc 
in hostium urbem et suis flammis delete Fidenas, 
quas vestris beneficiis placare non potuistis. Lega- 
torum hoc vos vestrorum colonorumque sanguis 

6 vastatique fines monent." Ad imperium dictatoris 
mota cuncta acies. Faces partim emissae excipi- 
untur, partim vi eripiuntur : utraque acies armatur 

7 igni. Magister equitum et ipse novat pugnam 
equestrem. Frenos ut detrahant equis imperat et 
ipse princeps calcaribus subditis evectus effreno 
equo in medios ignes infertur, et alii concitati equi 

8 libero cursu feruiit equitem in hostem. Pulvis 
elatus mixtusque fuino lucem ex oculis viroruni 
equorumque aufert. Ea, quae militem terruerat 
species nihil terruit equos. Iluinae igitur similem 

9 stragem eques quacumque pervaserat dedit. Clamor 
deinde accidit novus ; qui cum utramque mira- 
bundam in se aciem vertisset, dictator exclamat 
Quinctium legatum et suos ab tergo hostem adortos ; 

10 ipse redintegrate clamore infert acrius signa. Cum 

1 exstinguetis $-: exstinguitis (extinguitis EA) fl. 
366 



BOOK IV. xxxiii. 4-10 

subdued with smoke like a swarm of bees, and yield B.C. 426 
to an unarmed foe ? Will you not extinguish fire 
with the sword? Will you riot seize these self-same 
brands, and each for himself if we must fiHit with 

9 O 

fire, not with javelins attack them with their own 
weapons? Come, call to mind the Roman name, 
your fathers' valour and your own ; turn this blaze 
upon the enemy's city and destroy Fidenae with 
its own flames, since your kindness was power- 
less to gain its friendship ! The blood of your 
envoys and your colonists and your devastated 
borders exhort you to do as I say." At the 
dictator's command the whole array was set in 
motion. Here they caught up torches which 
had been flung away ; there they wrested them 
violently from their bearers : both sides were armed 
with fire. The master of the horse on his part 
invented a new kind of cavalry-fighting. Com- 
manding his men to pull off the bridles from their 
horses, he led the way, and setting spurs to his 
own, was carried by the unbridled charger into the 
midst of the flames. The other horses too were 
urged on and bore their riders at full tilt against 
the enemy; while the dust that rose and mingled 
with the smoke darkened the eyes both of the men 
and of their mounts. But the sight which had 
frightened the infantry had no terror for the horses, 
and the cavalry overthrew their enemies in heaps 
wherever they advanced. Then a new shout was 
heard. Both armies in astonishment looked that 
way ; and when the dictator called out that Quinctius 
the lieutenant and his followers had assailed the 
enemy in the rear, the cheering was renewed, and 
he pressed home his own attack more sharply. 

3 6 7 



LIVY 
A.U.O duae acies. duo diversa proelia circumventos Etruscos 

328 

et a fronte et ab tergo urgerent neque in castra retro 
neque in monies, unde se novus liostis obiecerat, iter 
fugae esset, et equitem passim liberis frenis distulis- 
sent equi, Veientium maxima pars Tiberim effusi 
petunt, Fidenatium qui supersunt ad urbem Fidenas 

11 tendunt. Infert pavidos fuga in mediam caedem ; 
obtruncantur in ripis ; alios in aquam compulsos 
gurgites ferunt ; etiam peritos nandi lassitude et 
volnera et pavor degravant ; pauci ex multis tranaiit. 

12 Alterum agmen fertur per castra in urbem. Eodem 
et Romanos sequentes impetus rapit, Quinctium 
maxime et cum eo degressos modo de montibus, 
recentissimum ad laborem militem, quia ultimo proe- 
lio advenerat. 

XXXIV. Hi postquam mixti hostibus portam 
intravere, in muros evadunt suisque capti oppidi 

2 signum ex muro tollunt. Quod ubi dictator con- 
spexit iam enim et ipse in deserta hostium castra 
penetraverat, cupientem militem discurrere ad 
praedam spe iniecta maioris in urbe praedae ad 
portam ducit receptusque intra muros in arcem, 

3 quo ruere fugientium turbam videbat, pergit. Nee 



368 



BOOK IV. xxxin. lo-xxxiv. 3 

Now that two battle-fronts and two distinct attacks B.C. 426 
hemmed in the Etruscans and forced them back 
from front and rear ; and there was no way for 
them to flee, either back into their camp or into 
the mountains, whence a new foe had appeared to 
block their path ; and the horses, with loose reins, 
had borne their riders far and w r ide ; the Veientes 
for the most part ran in disorder to the Tiber, while 
those of the Fidenates who survived turned towards 
the city of Fidenae. In their panic they fled into 
the middle of the carnage. Some were cut down 
on the banks of the river ; others, forced into the 
water, were swept away by the current ; even 
experienced swimmers were borne down by weari- 
ness and wounds and fear; only a few out of the 
many swam across. The other party was carried 
on through the camp to the city. Thither the 
Romans too pushed forward in the impetuosity of 
the pursuit especially Quinctius, and with him 
those who had just come down from the hills and 
were the freshest soldiers for the work, having 
arrived at the close of the battle. 

XXXIV. After these troops, mingling with the 
enemy, had entered the gate, they made their way 
on to the wall, where they raised a signal to show 
their friends that the town was taken. When the 
dictator saw it for by this time he had himself 
penetrated to the deserted camp of the enemy, he 
checked his soldiers, who were eager to scatter in 
search of booty, by encouraging the hope that they 
would find larger spoils in the city ; and, leading 
them to the gate, was received within the walls 
and marched directly to the citadel, whither he saw 
that the throng of fugitives was rushing Nor was 

3 6 9 



LIVY 

A.U.O. minor caedes in urbe quam in proelio fuit, donee 
abiectis armis nihil praeter vitam petentes dictator! 

4 deduntur. Urbs castraque diripiuntur. Postero die 
singulis captivis ab equite ac 1 centurionibus 2 sorte 
ductis, et quorum eximia virtus fuerat, binis, aliis 
sub corona venundatis exercitum victorem opulent- 
umque praeda triumphans dictator Romam reduxit ; 

5 iussoque magistro equitum abdicare se magistratu 
ipse deinde abdicat die sexto decimo reddito in pace 
imperio, quod in bello trepidisque rebus acceperat. 

6 Classi quoque ad Fidenas pugnatum cum Veientibus 
quidam in annales rettulere, rem aeque difficilem 
atque incredibilem nee nunc lato satis ad hoc amne 

7 et turn aliquanto, ut a veteribus accepimus, artiore, 
nisi in traiectu forte fluminis prohibendo aliquarum 
navium concursum in maius, ut fit, celebrantes 
navalis victoriae vanum titulum appetivere. 

o A.u.o. XXXV. Insequens annus tribunes militares con- 

sulari potestate habuit A. Sempronium Atratinum 
L. Quinctium Cincinnatum L. Furium Medullinum 

2 L. Horatium Barbatum. Veientibus annorum viginti 
indutiae datae et Aequis triennii, cum plurium 
annorum petissent ; et a seditionibus urbanis otium 
fuit. 

3 Annum insequentem neque bello foris neque domi 
seditione insijjnem ludi bello voti celebrem et 



1 eqviite ac - : equite (or aeq-) ad n : equitum P : equi.... V : 
acquitem ad D. 

2 centurionibus Weisseiiborn : centurionis V\ centurionem 
(-e AP.L?) ft. 



1 sc. under the portrait of Aemilius. Livy is thinking of 
the partiality characteristic of such family records. 

370 



BOOK IV. xxxiv. 3-xxxv. 3 

the slaughter in the city less than it had been in B.O 42t 
the battle, until they threw away their arms, and 
asking nothing but their lives, surrendered to the 
dictator. The city and the camp were sacked. 
Next day the cavalrymen and centurions drew lots 
for a single captive each, while those who had shown 
conspicuous bravery received two. The rest were sold 
at auction^ and the dictator marched his victorious 
army, enriched with plunder, back to Rome, and 
triumphed. After commanding his master of the 
horse to lay down his office, he himself abdicated, 
giving up in peace on the sixteenth day the supreme 
authority he had received in time of war and danger. 
Certain annalists have recorded that there was a 
naval battle also with the Veientes, near Fidenae, 
a thing equally difficult and incredible ; for even 
to-day the river is not wide enough for that, and 
in those times it was somewhat narrower, as we 
learn from the old writers ; unless possibly there 
were a few ships assembled to dispute the passage 
of the river and this was exaggerated, as so often 
happens, by those who added to the inscription J the 
false claim of a naval victory. 

XXXV. The next year there were military B.O. 
tribunes with consular powers, namely Aulus Sem- 425 ~ 424 
pronius Atratinus, Lucius Quinctius Cincinnatus, 
Lucius Furius Medullinus, Lucius Horatius Barba- 
tus. The Veientes were granted a truce of twenty 
years, and the Aequi one of three, though they had 
asked for a longer one. There was a respite also 
from civil disturbances. 

The following year was noteworthy neither for 
foreign war nor dissension at home, but gained 
celebrity from the games which had been vowed 

37' 



LIVY 

A u.c. tribunorum militum apparatu et finitimorum con- 

4 cursu fecere. Tribuni consular! potestate erant 
Ap. Claudius 1 Crassus Sp. Nautius 2 Rutulus 3 L. 
Sergius 4 Fidenas Sex. lulius lulus. 5 Spectaculum 
comitate etiam hospitum, ad quam publice con- 

5 senserant, 6 advenis gratius fuit. Post ludos contiones 
seditiosae tribunorum plebi fuerunt, obiurgantium 
multitudinem quod admiratione eorum quos odisset 

6 stupens, in aeterno se ipsa teneret servitio, et non 
modo ad spem consulatus in partem revocandam 
adspirare non auderet, sed ne in tribunis quidem mili- 
tum creandis, quae communia essent comitia patrum 

7 ac plebis, aut sui aut suorum meminisset. Desineret 
ergo mirari cur nemo de commodis plebis ageret ; 
eo impend! laborem ac periculum unde emolumentum 
atque honos speretur ; nihil non adgressuros homines 

8 si magna conatis magna praemia proponantur ; ut 
quidem aliquis tribunus plebis ruat caecus in certa- 
mina periculo ingenti, fructu nullo, ex quibus pro 
certo habeat patres, adversus quos tenderet, 7 bello 
inexpiabili se persecuturos, apud plebem, pro qua 
dimicaverit, nihilo se honoratiorem fore, neque 

9 sperandum neque postulandum esse. Magnos ani- 
irios magnis honoribus fieri. Neminem se plebeium 

1 Ap. Claudius Glareanus (chap, xxxvi. 5) : Claudius fl. 

! Nautius j- (chap. xliv. 13, and 6 infra) : naeuius n. 

3 Rutulus Conway (after Sigonius, cf. in. vii. 6, and O.I.L. 
i 2 , p. 114): rutilius (ritilius E) fl. 

* L. Sergius Sigonius (chap. xxv. 2 ; xlv. 5 ; Diod. xii. 82) : 
titus (ort) sergius (-as E) n. 

6 lulus Sigonius (cf. Fasti Cap., e.g. O.I.L. i 2 , p. 106): 
tullus MPUEi tiillius HDL A : omitted in V. 

6 publice consenserant Gronovius : consenserant consilio 
publico consensu uenerant M: publico consensu uenerant fl. 

7 tenderet n : tendere LP (over erasure) : tetenderib Madvig. 

372 



BOOK IV. xxxv. 4-9 

during the war and were splendidly carried out by B.C. 
the military tribunes and attended by a great con- 425 ~ 424 
course of neighbouring peoples. The tribunes with 
consular authority were Appius Claudius Crassus, 
Spurius Nautius Rutulus, Lucius Sergius Fidenas, 
and Sextus Julius lulus. The spectacle was rendered 
the more agreeable to the visitors by the courtesy 
which their hosts had united in a resolution to extend 
to them. After the games seditious speeches were 
made by the plebeian tribunes, who berated the 
populace because, in their besotted admiration of 
the men they hated, they kept themselves in per- 
petual servitude, and not only dared not aspire 
to claim participation in the consulship, but even 
in the matter of choosing military tribunes an 
election open alike to patricians and plebeians 
took no thought either for themselves or for 
their friends. Let them cease therefore to wonder 
why no one busied himself for the good of the 
plebs ; toil was bestowed and danger risked, they said, 
in causes which held out hopes of emolument and 
honour ; there was nothing men would not attempt 
if those who made great efforts were afforded the 
prospect of great rewards ; but that some one plebeian 
tribune should rush blindly into a struggle where 
the risk was enormous and the reward was nothing, 
and in consequence of which he might be certain 
that the patricians, against whom he would be 
striving, would pursue him with relentless animosity, 
and that the plebs, for whom he would have fought, 
would not add the least tittle to his honours, was a 
thing to be neither expected nor demanded. Great 
hearts were begotten of great honours. No plebeian 
would despise himself when plebeians should cease 

VOL. ii. N 373 



LIVY 

A.D.C. contempturum, ubi coiitemni desissent. Experi- 

329-380 

undam rem denique in uno aut altero esse sitne 
aliqui plebeius ferendo magno honori, an portento 
simile miraculoque sit fortem ac strenuum virum 

10 aliquem exsistere ortum ex plebe. Summa vi ex- 
pugnatum esse ut tribuni militum consular! potestate 
et ex plebe crearentur. Petisse viros domi militi- 
aeque spectatos ; primis annis suggillatos, repulses, 
risui patribus fuisse ; desisse postremo praebere ad 

11 contumeliam os. Nee se videre cur non lex quoque 
abrogetur, qua id liceat quod nunquam futurum 
sit; minorem quippe ruborem fore in iuris iniquitate 
quam si per indignitatem ipsorum praetereantur. 

XXXVI. Huius generis orationes cum adsensu 
auditae incitavere quosdam ad petendum tribunatum 
militum, alium alia de commodis plebis laturum se 

2 in magistratu profitentem. Agri publici dividendi 
coloniarumque deducendarum ostentatae spes et 
vectigali possessoribus agrorum impositoinstipendium 

3 inilitum erogandi aeris. Captatum deinde tempus ab 
tribunis militum, quo per discessum hominum ab 
urbe, cum patres clandestina denuntiatione revocati 
ad diem certam essent, senatus coiisultum fieret ab- 

4 sentibtis tribunis plebi ut quoniam Volscos in Herni- 
corum agros j)raedatum exisse fama esset, ad rem 
inspiciendam tribuni inilitum proficiscerentur consula- 

1 The first attempt to tax the patricians enjoying the use 
of the public land for the purpose of paying; the soldiers, 
who had always been required to serve gratis. See chap. 
lix. 11. 

374 



BOOK IV. xxxv. g xxxvi. 4 

to be despised. It was high time they made trial in B.C. 
one or two cases, to see whether there were some * 25 * 424 
plebeian fit to hold high office, or whether it were 
almost a- portent and a miracle that there should 
exist any brave and energetic man of plebeian origin. 
By exerting their utmost force they had carried the 
poi-nt that military tribunes with consular powers 
might be chosen even from the plebs. Men whose 
worth had been proven at home and in the field had 
stood for the office ; during the first years they had 
been buffeted about, rejected, and laughed at by 
the patricians ; finally, they had ceased to expose 
themselves to insult. They could see no reason, 
they said, why they should not even repeal a statute 
which authorized something that would never come ; 
there would surely be less shame in the injustice of 
the law than in being passed over on account of 
their own unworthiness. 

XXXVI. Speeches of this sort, being listened to 
with approval, incited certain men to stand for the 
military tribuneship, with the promise that they 
would propose in their term of office such and such 
measures of advantage to the plebs. Hopes were 
held out of dividing up the public domain and 
planting colonies, and of levying a tax on the occu- 
pants of the land and distributing the money as pay 
for the soldiers. 1 The military tribunes then 
watched for an opportunity when people were out 
of town, and recalling the senators by a secret noti- 
fication, got the senate to pass a resolution, in the 
absence of the tribunes of the plebs, that since the 
Volsci were rumoured to have made a plundering 
expedition into the country of the Hernici, the 
tribunes of the soldiers should go and investigate 

375 



LIVY 

A.U.O. 5 riaque comitia haberentur. Profecti Ap. Claudium. 

J29 330 

filium decemviri, praefectum urbis relinquunt, im- 
pigrum iuvenem et iam hide ab incunabulisimbutum 
odio tribunorum plebisque. Tribuni plebi nee cum 
absentibus iis, qui senatus consultum fecerant, iiec 
cum Appio, transacta re quod contenderent, fuit. 
A 33i C ' XXXVII. Creati consules sunt C. Sempronius Atra- 
tinus Q. Fabius Vibulanus. 

Peregrina res, sed memoria digna traditur eo 
anno facta, Volturnum, Etruscorum urbem, quae 
nunc Capua est, ab Samnitibus captam Capu- 
amque ab duce eorum Capye 1 vel, quod propius 

2 vero est, a campestri agro appellatam. Cepere 
autem prius bello fatigatis Etruscis in societatem 
urbis agrorumque accepti, deinde festo die graves 
somno epulisque incolas veteres novi colon! nocturna 
caede adorti. 

3 His rebus actis consules ii quos diximus idibus 
Decembribus magistratum occepere. 2 Iam non 

4 solum qui ad id missi erant rettulerant imminere 
Volscum bellum, sed legati quoque ab Latinis et 
Hernicis nuntiabant non ante unquam Volscos nee 
ducibus legendis nee exercitui scribendo intentiores 

5 fuisse ; volgo fremere aut in perpetuum arma bel- 
lumque oblivioni danda iugumque accipiendum, aut 
iis cum quibus de imperio certetur nee virtute nee 

1 Capye Vorm. : capue A z marg. : capio fl. 

8 occepere $- (cf. I. vii. 6) : accepere n : ceperunt //. 



1 The name is now connected with Greek KTJTTOS "orchard" 
or "garden" not (as Livy thought) with campus " plain." 

2 The events described in chap, xxxvi. 

376 



BOOK IV. xxxvi. 4-xxxvn. 5 

the affair, and that a consular election should be B.C. 
held. The tribunes set out, leaving Appius Claudius, 425 
the decemvir's son, as prefect of the City. He was 
an energetic young man and imbued from his very 
cradle with hatred of the tribunes and the plebs. 
The plebeian tribunes had no ground of contention 
either with the absent officials who had obtained 
the resolution of the senate, or with Appius, now 
that the thing was done. XXXVII. Gaius Sem- B.C. 423 
pronius Atratinus and Quintus Fabius Vibulanus 
were elected consuls. 

A foreign episode, but worth relating, is ascribed 
to this year, viz. that Volturnum, the Etruscan city 
which is now Capua, was taken by the Samnites, 
and named Capua from their leader Capys, or, as is 
more probable, from its champaign country. 1 Now 
they captured it after being admitted by the Etrus- 
cans who were worn out with fighting to a share 
in the city and its fields ; then, on a holiday, when 
the old settlers were heavy with sleep and feasting, 
the newcomers fell upon them in the night and slew 
them. 

In the train of these events, 2 the consuls whom I 
have named took up their duties, on the 13th of 
December. By this time not only had those who 
had been dispatched for this purpose reported that a 
Volscian invasion was imminent, but envoys from 
the Latins, and the Hernici as well, announced that 
never before had the Volscians been more energetic, 
whether in selecting generals or in levying an army ; 
that everywhere men were muttering that they 
must either give up for ever all thoughts of arms 
and war, and submit to the yoke, or must not lag 
behind those with whom they were contending for 

377 



LIVY 

A.U.O. patientia nee disciplina rei militaris cedendum esse. 

6 Haud vana attulere ; sed nee perinde patres moti 
sunt, et C. Sempronius, cui ea provincia sorti evenit, 
tamquam constantissimae rei fortunae fretus, quod 
victoris populi ad versus victos dux esset, omnia 

7 temere ac neglegenter egit, adeo ut disciplinae 
Romanae plus in Volsco exercitu quam in Romano 
esset. Ergo fortuna, ut saepe alias, virtutem est 

8 secuta. Primo proelio, quod ab Sempronio incaute 
inconsulteque commissum est, non subsidiis firmata 

9 acie, non equite apte locate concursum est. Clamor 
indicium primum fuit quo 1 res inclinatura esset, 
excitatior crebriorque ab hoste sublatus : ab Romanis 
dissonus, impar, segnius saepe iteratus prodidit 2 

10 pavorem animorum. Eo ferocior inlatus hostis urgere 
scutis, micare gladiis. Altera ex parte nutant 
circumspectantibus galeae, et incerti trepidant 

11 applicantque se turbae ; signa nunc resistentia 
deseruntur ab antesignanis, nunc inter suos mani- 
pulos recipiuntur. Nondum fuga certa, nondum 
victoria erat ; tegi magis Romanus quam pugnare ; 
Volscus inferre signa, urgere aciem, plus caedis 
hostium videre quam fugae. 



1 quo Frag. Haverk. 2 (cf. chap, xxxiii. 12 and xxv. 
xxi. 4) : qua il : quam PUDL. 

2 prodidit Qruter : incerto clam^re prodidit A. 

378 



BOOK IV. xxxvu. 5-1 1 

supremacy, either in courage or in endurance or in B.C. 423 
military discipline. Their tidings were true, but 
they caused no answerable activity among the 
senators ; and Gaius Sempronius, to whom the 
command had been assigned by lot, trusting to 
fortune as though it were the most constant thing 
in the world, because he had commanded the victori- 
ous nation against the people they had defeated, 
conducted everything so carelessly and rashly that 
Roman discipline was more in evidence in the 
Volscian army than in the Roman. Accordingly 
Fortune, as on many another occasion, waited on 
desert. In the first battle, which Sempronius 
entered without caution or deliberation, his line 
was not strengthened with reserves nor was his 

O 

cavalry skilfully posted, when the fighting began. 
The battle-cries were the first intimation how the 
affair was likely to go ; for the enemy's was louder 
and fuller, that of the Romans dissonant and uneven 
and, dragging more with each repetition, betrayed 
the faintness of their hearts. This caused the 
enemy to charge the more boldly, thrusting with 
shields and making play with swords. On the 
Roman side helmets nodded, as their wearers looked 
this way and that for help, and irresolute soldiers 
made falteringly for the nearest group ; at one 
moment the standards would be left behind by 
the retreat of the front-rankers, at the next they 
would be falling back among their proper maniples. 
It was not yet a definite flight, not yet a victory ; 
the Romans sought rather to protect themselves 
than to fight; the Volscians advanced and bore 
hard against the Roman line, but saw more of 
their enemies killed than running away. 

379 



LIVY 

A.UO. XXXVIII. lam omnibus locis ceditur nequiquam 

Sempronio consule obiurgante atque hortante. Nihil 

2 nee imperium nee maiestas valebat, dataque mox 
terga hostibus forent, ni Sex. Tempanius, decurio 
equitum, labante l iam re praesenti animo sub- 
venisset. Qui cum magna voce exclamasset ut 
equites qui salvam rem publicam vellent esse ex 

3 equis desilirent, omnium turmarum equitibus velut 
ad consults imperium motis, " Nisi haec " inquit, 
"parmata 2 cohors sistit impetum hostium, actum de 
imperio est. Sequimini pro vexillo cuspidem meam ; 
ostendite Romanis Volscisque neque equitibus 
vobis ullos equites nee peditibus esse pedites pares." 

4 Cum clamore comprobata adhortatio esset, vadit alte 
cuspidem gerens. Quacumque incedunt, vi viam 
faciunt ; eo se inferunt obiectis parmis ubi suorum 

6 plurimum laborem vident. Restituitur omnibus 
locis pugna, in quae eos impetus tulit ; nee dubium 
erat quin, si tarn pauci simul obire omnia possent, 
terga daturi hostes fuerint. 

XXXIX. Et cum iam parte nulla sustinerentur, 
dat signum Volscus imperator ut parmatis, novae 
cohorti hostium, locus detur, donee impetu inlati 

2 ab suis excludantur. Quod ubi est fact urn, inter- 
clusi equites nee perrumpere eadem qua transierant 

1 labante Gronoviits : labente ft. 

2 parmata Scheelius : armata n. 

1 The decurion commanded a decuria (ten men). There 
were three dccuriac in a turma, or squadron, and ten turmae 
in the three centuries of horse which accompanied a legion. 

2 The parma ("buckler" or "target") was the trooper's 
shield, much smaller than the scutum of the foot-soldier. 

8 The vexillum, a small red flag, was used as a cavalry 
ensign. 

380 



BOOK IV. XXXVIII. I-XXXIX. 2 

XXXVIII. But now the Romans were everywhere B.C. 423 
falling back, and it was in vain that Sempronius the 
consul upbraided or encouraged them. There was 
no virtue either in his authority or in his dignity ; 
and his men would presently have shown the enemy 
their backs, had not a cavalry decurion l named 
Sextus Tempanius, just as the situation was becoming 
desperate, come with prompt courage to the rescue. 
In a loud voice he cried out that the horsemen who 
wished to save the state should leap down from their 
horses, and when the troopers in every squadron had 
bestirred themselves as if at the command of the con- 
sul, he added : " Unless this bucklered 2 cohort stops 
the enemy's rush it is all over with our supremacy. 
Follow my spear as your guidon ; 3 show Romans and 
Volscians that when you are mounted no cavalry are 
your equals, nor any infantry, when you fight on 
foot ! " When a cheer had shown their approval ot 
this exhortation, he advanced with uplifted spear. 
Wherever they went they forced a passage ; holding 
their targets up before them, they charged where 
they saw the distress of their friends was greatest. 
The fortune of the day was restored at every point 
where their onset carried them ; nor was there any 
doubt that if those few men could have been present 
everywhere at the same time the enemy would have 
turned tail. 

XXXIX. When the Volscian general saw that 
their attack could not anywhere be stopped, he 
ordered his troops to give ground to the men with 
bucklers, the enemy's new cohort, until, carried 
forward in their rush, they should be cut off from 
their friends. On this being done, the horsemen 
were intercepted, and were unable to break through in 



LIVY 

A.U.O. posse, ibi maxime confertis hostibus qua viam 

OvX 

fecerant, et consul legionesque Romanae cum quod 

3 tegumen modo omnis exercitus fuerat nusquam 
viderent, ne tot fortissimos viros interclusos oppri- 

4 meret hostis, tendunt in quemcumque casum. Di- 
versi Volsci hinc consulem ac legiones sustinere, 
altera fronte instare Tempanio atque equitibus ; qui 
cum saepe conati nequissent perrumpere ad suos, 
tumulo quodam occupato in orbem se tutabantur, 
nequaquam inulti ; nee pugnae finis ante noctem 

5 fuit. Consul quoque nusquam remisso certamine 
G dum quicquam superfuit lucis, hostem tenuit. Nox 

incertos diremit; tantusque ab imprudentia eventus 
utraque castra tenuit pavor ut relictis sauciis et 
magna parte impedimentorum ambo pro victis exer- 

7 citus se in montes proximos reciperent. Tumulus 
tamen circumsessus ultra mediam noctem est. Quo 
cum circumsedentibus nuiitiatum esset castra deserta 
esse, victos rati suos et ipsi, qua quemque in te- 

8 nebris pavor tulit fugerunt. Tempanius metu in- 
sidiarum suos ad lucem tenuit. Degressus l deinde 
ipse cum paucis speculatum cum ab sauciis hostibus 
sciscitando comperisset castra Volscorum deserta 
esse, laetus ab tumulo suos devocat et in castra 

1 degressus Sigonius : digressus (-os P) fi. 
332 



BOOK IV. xxxix. 2-8 

the same way as they had got over, since their enemies B.C. 423 
were most thickly crowded together where they had 
made their path. When the consul and the Roman 
legions could nowhere see the soldiers who a moment 
before had been a shield to the entire army, they 
pressed forward to save at any cost so many heroic 
men from being surrounded and borne down by the 
enemy. The Volscians, facing two ways, sustained 
on one side the onset of the consul and the legions, 
and on the other front pressed home their attack 
upon Tempanius and his troopers ; who, having 
failed, in spite of many attempts, to force their way 
through to their friends, had seized a certain mound 
and, forming a circle, were defending themselves, 
not without taking vengeance on their assailants. 
The battle did not end till nightfall. Neither did 
the consul relax his efforts anywhere, but kept the 
enemy engaged as long as there was any light. 
Darkness put a stop to the indecisive struggle, and 
the terror in each camp was such, in consequence 
of men's ignorance of the outcome, that both armies, 
abandoning their wounded and a good part of their 
baggage, retreated to the nearest hills, as though 
defeated. Nevertheless the mound was besieged 
till after midnight. But when word was brought to 
the besiegers that their camp was abandoned, they 
too supposed that their side had been defeated, and 
every man fled where his panic led him in the dark- 
ness. Tempanius feared an ambush and kept his 
soldiers close till daylight. Then, descending with 
a few followers to reconnoitre, he discovered by 
questioning some wounded enemies that the camp 
of the Volscians was deserted, whereupon he joyfully 
called his men down from the hill and made his way 

383 



LIVY 

A.U.O. 9 Romana penetrat. Ubi cum vasta desertaque omnia 

331 

atque eandem quam apud hostes foeditatem invenis- 
set, priusquam Volscos cognitus error reduceret, 
quibus poterat sauciis ductis secum, ignarus quam 
regionem consul petisset, ad urbem proximis iti- 
neribus pergit 

XL. lam eo fama pugnae adversae castrorumque 
desei torum perlata erat, et ante omnia deplorati erant 
equites non private magis quam publico luctu, Fabi- 

2 usque consul terrore urbi quoque iniecto stationem 
ante portas agebat, cum equites procul visi non sine 
terrore ab dubiis quinam essent, mox cogniti tan tarn 
ex metu laetitiam fecere ut clamor urbem pervaderet 

3 gratulantium salvos victoresque redisse equites, et 
ex maestis paulo ante domibus quae conclamaverant 
suos, procurreretur in vias. pavidaeque matres ac 
coniuges oblitae prae gaudio decoris obviam agmini 
occurrerent, in suos quaeque simul corpore atque 

4 animo vix prae gaudio compotes effusae. Tribunis 
plebi qui M. Postumio et T. Quinctio diem dixerant, 
quod ad Veios eorum opera male pugnatum esset, 
occasio visa est per recens odium Semproni consulis 

5 renovandae in eos invidiae. Itaque advocata con- 

3*4 



BOOK IV. xxxix. 8-XL. 5 

into the Roman camp. There he found everything B.C. 
abandoned and forlorn and the same desolation he 
had met with on the ground of the enemy ; and, 
before the Volsci could learn of their blunder and 
return, he carried with him such of the wounded as 
he was able, and not knowing what way the consul 
had gone, took the nearest road to the City. 

XL. Thither the rumour of an unsuccessful engage- 
ment and the abandonment of the camp had already 
made its way, and more than all the rest the horse- 
men had been mourned, with public as well as 
private lamentations. The consul Fabius was keep- 
ing watch before the gates for the panic had 
permeated even the City when cavalry were espied 
a long way off, and caused no little trepidation, 
since men knew not who they could be. But being 
soon after recognized, they turned the people's fear 
to such rejoicing that the City was filled with the 
noise of congratulations on the safe and victorious 
return of the horse ; and from the houses which a 
little while before had been filled with sadness and 
had bewailed their sons as dead, the inhabitants ran 
out into the street, and trembling mothers and wives, 
heedless of decorum in their happiness, hurried to 
meet the troops, and flung themselves with utter 
abandonment into the arms of their loved ones, being 
scarcely able to control themselves for joy. The 
plebeian tribunes, who had set a day for the trial 
of Marcus Postumius and Titus Quinctius, because 
of their responsibility for the reverse at Veii, thought 
a favourable opportunity was afforded by the odium 
recently incurred by the consul Sempronius for 
renewing men's displeasure with them. So, having 
called a meeting, they loudly declared that the state 

385 



LIVY 

A.U.O. tione cum proditam Veils rem publicam esse ab 
ducibus, proditum delude, quia illis irapune fuerit, 
in Volscis ab consule exercitum, traditos ad caedem 
fortissimos equites, deserta foede castra vociferati 

6 essent, C. lunius, 1 unus ex tribunis, Tempanium 
equitem vocari iussit coramque ei " Sex. Tempani " 
inquit, " quaero de te, arbitrerisne C. Sempronium 
consulem aut in tempore pugnara inisse aut firmasse 
subsidiis aciemaut ullo boni consuiis functum officio, 

7 et tune ipse victis legionibus Romanis tuo consilio 
equitem ad pedes deduxeris restituerisque pugnam ; 
excluso deinde ab acie nostra tibi atque equitibus 
num aut consul ipse subvenerit aut miserit prae- 

8 sidium ; postero denique die ecquid praesidii usquam 
habueris, an tu coborsque in castra vestra virtute 
perruperitis ; ecquem in castris consulem, ecquem 
exercitum inveneritis, an deserta castra, relictos 

9 saucios milites. Haec pro virtute tua fideque, qua 
una hoc bello res publica stetit, dicenda tibi sunt 
hodie ; denique ubi C. Sempronius, ubi legiones 
nostrae sint ; desertus sis an deserueris consulem 
exercitumque ; victi denique simus an vicerimus." 

A.U.C XLI. Adversus haec Tempani oratio incompta fu- 

332 

isse dicitur, ceterum militariter gravis, non suis vana 

2 laudibus, non crimine alieno laeta. Quanta pru- 

dentia rei bellicae in C. Sempronio esset, non militis 

1 lunius 5- (cf. Mommsen, Romische Furschungen, i. 115) : 
iulius fl 

386 



BOOK IV. XL. 5-xLi. 2 

had been betrayed at Veil by its generals ; and that B.C. 423 
then, because they had gone scot free, the army fight- 
ing with the Volsci had been betrayed by the consul, 
their heroic cavalry given over to slaughter, and the 
camp basely abandoned. Then Gaius Junius, one of 
the tribunes, commanded the cavalryman Tempanius 
to be called, and turning to him spoke as follows : 
"Sextus Tempanius, I ask you whether you think 
that Gaius Sempronius the consul either joined 
battle at a suitable moment, or strengthened his line 
with supports, or performed any of the duties of a 
good consul ; and whether you yourself, when the 
Roman legions had been beaten, dismounted the 
cavalry of your own motion and restored the fortunes 
of the battle ; then, when you and your troopers had 
been cut off from our line, if either the consul him- 
self came to your rescue or sent supports ; further- 
more, whether you had any help anywhere next day, 
or you and your cohort forced a way to the camp by 
your own valour ; whether you found any consul in 
the camp and any army, or a deserted camp and 
wounded and forsaken soldiers. In the name of 
your courage and your loyalty, which alone have 
preserved the republic in this war, you must now 
answer these questions ; finally you must tell us 
where Gaius Sempronius and our legions are ; whether 
you were abandoned, or yourself abandoned the 
consul and the army ; in one word, whether we 
have been defeated or victorious." 

XLI. To these questions Tempanius is said to have 
replied in homely terms but with a soldierly dignity, 
in which was neither self-praise nor self-complacent 
criticism of others. Touching the degree of skill in 
military matters possessed by Gaius Sempronius, it 

387 



LIVY 

MJ.O de imperatore existimationem esse, sed populi Ro- 

332 f 

muni fuisse, cum eum comitiis consulem legeret. 

3 Itaque ne ab se imperatoria consilia neu consulares 
artes exquirerent, quae pensitanda magnis quoque l 
animis atque ingeniis essent ; sed quod viderit 

4 referre posse. Vidisse autem se, priusquam ab acie 
intercluderetur, consulem in prima acie pugnantem, 
adhortantem, inter signa Romana telaque hostium 

5 versantem. Postea se a conspectu suorum ablatum 
ex strepitu tamen et clamore sensisse usque ad 
noctem extractum certamen, nee ad tumulum quern 
ipse tenuerat prae multitudiiie hostium credere 

G perrumpi potuisse. Exercitus ubi esset se nescire ; 
arbitrari, velut ipse in re trepida loci praesidio se 
suosque sit tutatus, sic consulem servandi exercitus 

7 causa loca tutiora castris cepisse ; nee Volscorum 
meliores res esse credere quam populi Romani ; 
fortunam noctemque omnia erroris mutui implesse. 
Precantemque deinde, ne se fessum labore ac vol- 
neribus tenerent, cum ingenti laude non virtutis 

8 magis quam moderations dimissum. Cum haec 
agerentur, iam consul via Labicana 2 ad fanum 
Quietis erat. Eo uiissa plaustra iumentaque alia 
ab urbe exercitum adfectum proelio ac via nocturna 

1 magnis quoque H. J. Mueller : quoque magnis fi. 

2 Labicana editors (conformably to the evidence of H in most 
places) : lauicana n. 

1 i. e. Sleep or Repose. 
3*8 



BOOK IV. XLI. 2-8 

was not for a soldier, he said, to appraise a general : B.C. 423 
that had been the Roman People's business when 
it elected Sempronius consul at the comitia. It was 
not, therefore, to him that they must address inquiries 
concerning the strategy of commanders and the 
qualifications of consuls ; even the weighing of such 
abilities demanded great mental and intellectual 
powers. But that which he had seen he was able 
to report ; and he had seen the consul, before he 
had himself been cut off from the main army, fighting 
in the front line, encouraging his men, and moving 
about amidst the standards of the Romans and the 
enemy's missiles. He had afterwards been carried 
out of sight of his friends ; but still, from the din and 
shouting, he had made out that the struggle had been 
prolonged till nightfall, and he did not believe that 
it had been possible to break through to the hillock 
which he himself had held, in view of the enemy's 
numbers. Where the army was, he did not know ; 
he supposed that, just as he himself had protected 
himself and his men by taking up a strong position, 
so likewise the consul, in order to save his army, had 
occupied a place of greater security than the camp. 
And he did not believe that the Volsci were any 
better off than the Roman People; chance and dark- 
ness had at every point confused both armies. On 
his going on to beg that they would not detain him, 
exhausted by toil and wounds, it is said that he was 
dismissed with the highest praise, no less for his 
moderation than for his bravery. Meanwhile the 
consul had already reached the shrine of Quies 1 on 
the Labican road. Thither wagons and beasts of 
burden were dispatched from the City, and brought 
the soldiers back, weary from fighting and the night- 

389 



LIVY 

A.U.C, 9 excepere. Paulo post in urbem est ingressus con- 
sul, non ;ib se magis enixe amovens culpani quam 

10 Tempanium meritis laudibus ferens. Maestae civi- 
tati ab re male gesta et iratae ducibus M. Postumius 
reus obiectus, qui tribunus militum pro consule ad 
Veios fuerat, decem milibus aeris gravis damnatur. 

11 T. Quinctium collegam eius, quia et in Volscis con- 
sul auspicio dictatoris Postumi Tuberti et ad Fidenas 
legatus dictatoris alterius Mam. Aemili res prospere 
gesserat, to tarn culpam eius temporis in praedam- 
natum collegam transferentem omnes tribus absol- 

12 verunt. Profuisse ei Cincinnati patris memoria 
dicitur, venerabilis viri, et exactae iam aetatis 
Capitolinus Quinctius suppliciter orans ne se brevi 
reliquo vitae spatio tarn tristem nuntium ferre ad 
Cincinnatum paterentur. 

XLII. Plebstribunosplebiabsentes Sex. Tempani- 
um M. Asellium l Ti. Antistium Ti. Spurillium 2 fecit, 
quos et pro centurionibus sibi praefecerant Tempanio 

2 auctore equites. Senatus, cum odio Semproni con- 
sulare nomen offenderet, tribunos militum consulari 
potestate creari iussit. Creati sunt L. Manlius 3 
Capitolinus Q. Antonius Merenda L. Papirius Mu- 

3 gillanus. 4 Principio statim anni L. Hortensius 

1 M. Asellium Mommsen : a. sellium 1. 
8 Ti. Antistium, Ti. Spurillium Mommsen: et antistium et 
Spurillium (sparillium II) n. 

3 Manlius 5- : manilius A. 

4 Mugillanus E z or 3 -: mugilanus U: mugilianus n. 

1 Acs grave (" heavy bronze") is used to distinguish the 
original as libralis (L e. of a pound in weight) from the reduced 
as of a later time. 

2 When they had dismounted to fight as infantry ; see 
chap, xxxviii. 

39 



BOOK IV. XLI. S-XLII. 3 

march. A little later the consul entered the City, B.C. 423 
and showed no less concern to extol Tempanius with 
well-merited praise than to clear himself of blame. 
While the citizens were grieving over their defeat, 
and were filled with resentment against their 
commanders, Marcus Postumius, who had been 
military tribune with consular authority at Veil, 
was brought before them for trial and condemned 
to pay a fine of ten thousand pounds of bronze. 1 
Titus Quinctius his colleague, having been victorious 
both in the Volscian country, when consul under the 
auspices of the dictator Postumius Tubertus, and at 
Fidenae, as lieutenant to the other dictator, Mamer- 
cus Aemilius, shifted all the blame for the present 
campaign upon his colleague who had already been 
condemned, and was acquitted by all the tribes. It 
is said that the memory of his father Cincinnatus, 
whom the people venerated, was a help to him, and 
also the fact that Quinctius Capitolinus, now well- 
stricken in years, supplicated and implored them not 
to suffer him, who had but a little time to live, to be 
the bearer of such sad news to Cincinnatus. 

XLI I. The plebs elected in their absence Sextus B.C. 422 
Tempanius, Marcus Asellius, Tiberius Antistius, and 
Tiberius Spurillius to be plebeian tribunes. These 
were men whom the cavalry had also chosen, at the 
instance of Tempanius, to act as centurions over 
them. 2 The senate, feeling that the hatred of Sem- 
pronius made the title of consul offensive, ordered 
the election of military tribunes with consular powers. 
The successful candidates were Lucius Manlius Capi- 
tolinus, Quintus Antonius Merenda, Lucius Papirius 
Mugillanus. At the very beginning of the year 
Lucius Hortensius, tribune of the plebs, brought an 



LIVY 

A.D.O. tribunus plebis C. Sempronio, consul! anni prioris, 
diem dixit. Quern cum quattuor collegae inspectante 
populo Romano orarent ne imperatorem suum in- 
noxium, in quo niliil praeter fortunam reprehend! 

4 posset, vexaret, aegre Hortensius pati, temptationem 
earn credens esse perseverantiae suae nee precibus 
tribunorum, quae in speciem modo iactentur, sed 

5 auxilio confidere reum. Itaque modo ad eum con- 
versus, ubi illi patricii spiritus, ubi subnixus et fidens 
innocentiae animus esset quaerebat ; sub tribunicia 

6 umbra consularem virum delituisse ? modo ad col- 
legas : " Vos autem, si reum perago, quid acturi estis ? 
an erepturi ius populo et eversuri tribuniciam potes- 

7 tatem ? " Cum illi et de Sempronio et de omnibus 
summam populi Romani potestatem esse dicerent 
nee se iudicium populi tollere aut velle aut posse, 
sed si preces suae pro imperatore, qui sibi parentis 

8 esset loco, 11011 valuissent, se vestem cum eo muta- 
turos, turn Hortensius " Non videbit " inquit, "plebs 
Romana sordidatos tribunes suos. C. Sempronium 
nihil moror, quando hoc est in imperio consecutus, 

9 ut tarn carus esset militibus." Nee pietas quattuor 
tribunorum quam Hortensi tarn placabile ad iustas 
preces ingenium pariter plebi patribusque gratius 
fuit. 

10 Non diutius fortuna Aequis indulsit, qui ambi- 

1 Livy perhaps begins at this point to follow another 
annalist, who had described a successful campaign of the 
Aequi not noticed by his authority for what has just pre- 
ceded. 

392 



BOOK IV. XLII. 3-10 

action against Gains Sempronius, consul of the years 0.422 
before. The tribune's four colleagues besought him 
in full sight of the Roman People not to persecute 
their general, in whom nothing could be reckoned 
amiss save his ill-fortune ; but this Hortensius would 
not brook, regarding it as a test of his perseverance 
and persuaded that the defendant was relying not 
on the entreaties of the tribunes, which were thrown 
out merely to preserve appearances, but 011 their 
veto. And so, turning now to Sempronius, he de- 
manded to be told where the well-known patrician 
spirit was, and where the courage that placed its 
confident reliance upon innocence ; was it in the 
shadow of the tribunate that a former consul had 
found a hiding-place? And again, addressing his 
colleagues, he asked, " But what do you mean to do, 
if I persist in prosecuting the defendant ? Will you 
rob the people of their rights and overthrow the 
authority of the tribunes ? " When they replied that 
the authority of the Roman People was supreme over 
Sempronius and all other men, and that they neither 
desired nor were able to annul the people's judg- 
ment ; but that if their entreaties in behalf of their 
commander, who stood in the relation of a parent to 
them, should prove ineffectual, they would put on 
mourning with him, then Hortensius declared, " The 
Roman plebs shall not see its tribunes clad in mourn- 
ing. Gaius Sempronius may go free, for me, since 
his command has gained him this, to be so beloved 
by his soldiers." Nor was the loyalty of the four 
tribunes more pleasing to both plebs and senators 
than was the disposition of Hortensius to yield so 
readily to reasonable entreaties. 

Fortune now ceased to favour the Aequi, 1 who had 

393 



L1VY 

A. o.o. guam victoriam Volscorum pro sua amplexi fuerant. 

A ^u.o. XLIII. Proximo anno Num. 1 Fabio Vibulano T. 
Quinctio Capitolini filio Capitolino consulibus ductu 
Fabii, cui sorte ea provincia evenerat, nihil dignum 

2 memoratu actum. Cum trepidam tantum osten- 
dissent aciem Aequi, turpi fuga funduntur baud 
magno consulis decore. Itaque triumphus negatus, 
ceterum ob Sempronianae cladis levatam ignominiam 
ut ovans urbem intraret concessum est. 

3 Quemadmodurn bellum minore quam timuerant 
dimicatione erat perfectum, sic in urbe ex tranquillo 
necopinata moles discordiarum inter plebem ac 
patres exorta est, coepta ab duplicando quaestorum 

4 numero. Quam rem praeter duos urbanos ut 
crearentur alii quaestores duo qui 2 consulibus ad 
ministeria belli praesto essent a consulibus relatam 
cum et patres summa ope adprobassent, 3 tribuni 
plebi certamen intulerunt ut pars quaestorum nam 
ad id tempus 4 patricii creati erant ex plebe fieret. 

5 Adversus quam actionem primo et consules et patres 
summa ope adnisi sunt ; concedendo deinde ut, 
quemadmodum in tribunis consulari potestate cre- 
andis, sic 5 in quaestoribus liberum esset arbitrium 
populi, cum parum proficerent, totam rem de augendo 

6 quaestorum numero omittunt. Excipiunt omissam 
tribuni, aliaeque subinde, inter quas et agrariae legis, 

1 Num. Sigonhis (C.I.L. i 2 , p. 112): en. in ELD A: en. 
MPUK 

a ut crearentur alii quaestores duo qui Conway and Walters : 
quaestores duo qui n. 

3 adprobassent H f eissenborn : adprobassent a consulibus n. 

* ad id tempus A 3 5-: id tempus n. 

^ sic Conway and Walters : usi sunt adaeque (ad eq A] n. 



394 



BOOK IV. XLII. IO-XLIII. 6 

accepted the dubious victory of the Volsci as their B.C. 422 
own. XLII I. The next year Numerius Fabius Vibu- B.C. 421 
lanus and Titus Quinctius Capitolinus, the son of 
Capitolinus, were consuls. Under the leadership of 
Fabius, to whom this command had been assigned by 
lot, nothing worthy of relation was accomplished. 
The Aequi had scarce made an irresolute show of 
battle when they were routed and driven disgrace- 
fully from the field, and the consul got no credit by 
the affair. He was accordingly denied a triumph ; 
but because he had relieved the ignominy incurred 
by Sempronius's defeat, he was allowed to enter the 
City in an ovation. 

But while the war had been concluded with less 
of a struggle than men had feared, in the City 
tranquillity gave place to unexpected and serious 
quarrels, which broke out between the plebs and 
the senators, and began over the duplication of the 
number of quaestors. This measure- that besides 
the two city quaestors two others should be elected 
to assist the consuls in the administration of wars 
was proposed by the consuls and received the hearty 
approval of the senate, but the tribunes of the plebs 
made a fight to have half of the quaestors hitherto 
patricians had been chosen taken from the plebs. 
Against this provision both consuls and senators at 
first exerted themselves with all their might; after- 
wards they were ready to concede that, just as in 
the case of tribunes with consular powers, so likewise 
with the quaestors, the people should be unrestricted 
in their choice ; but making no headway with this 
offer, they dropped the whole question of enlarging 
the number of quaestors. It was then taken up 
where they had left it by the tribunes ; and other 

395 



LIVY 

A.O.O. seditiosae actiones exsistunt. Propter quos motus 

333 

cum senatus consules quam tribunes creari mallet, 
neque posset per intercessiones tribunicias senatus 

7 consultum fieri, res publica a consuiibus ad in- 
terregnum, iieque id ipsum nam coire patricios 
tribuni prohibebant sine certamine ingenti, redit. 

8 Cum pars maior insequeiitis anni per novos tribunes 
plebi et aliquot interreges certaminibus extracta 
esset modo prohibentibus tribunis patricios coire ad 
prodendum interregem, modo interregem interpel- 

9 lantibus, ne senatus consultum de comitiis con- 
sularibus faceret, postremo L. Papirius Mugillanus 
proditus interrex castigando nunc patres, nunc 
tribunos plebi desertam omissamque ab hominibus 
rem publicam, deorum providentia curaque exceptam 
memorabat Veientibus indutiis et cunctatione 

10 Aequorum stare. Unde si quid increpet terroris, 
sine patricio magistratu placere rem publicam 
opprimi ? Non exercitum, non ducem scribendo 
exercitui esse ? An bello intestino bellum externum 

11 propulsaturos ? Quae si in unum conveniant, vix 
deorum opibus quin obruatur Romana res resisti 
posse. Quin illi remittendo de summa quisque iuris 

12 mediis consiliis 1 copularent concordiam, patres 
patiendo tribunos militum pro consuiibus fieri, tribuni 

1 mediis consiliis Walters (in note] : mediis H. 
396 



BOOK IV. xun. 6-12 

revolutionary schemes came to the fore in quick B.C. 421 
succession, among them one for enacting an agrarian 
law. When the senate, because of these disturb- 
ances, preferred that consuls be elected rather than 
tribunes, yet was unable to pass a resolution on 
account of tribunician vetoes, the government passed 
from the consuls to an interrex ; nor was even this 
accomplished without a violent struggle, for the 
tribunes tried to prevent the patricians from holding 
A meeting. The greater part of the ensuing year 
dragged on with contests between the new tribunes 
and several interreges. At one time the tribunes 
would keep the patricians from meeting to appoint 
an interrex ; at another time they would interpose 
their veto against the interrex, that the senate might 
not pass a resolution to hold the consular elections. 
Finally Lucius Papirius Mugillanus was named inter- 
rex, and upbraiding now the senators, nowthe tribunes 
of the plebs, reminded them how the state, abandoned 
and forsaken by men, had been protected by the 
providential care of Heaven, and existed by the grace 
of the Veientine truce and the dilatory policy of the 
Aequi. If an alarm should break out in that quarter, 
was it their pleasure that the republic should be 
caught without a patrician magistrate? that there 
should be no army, no general to enrol an ,army ? 
Or did they expect to beat off a foreign foe with a 
civil war ? But if both should come at once, the 
help of the gods themselves would scarce suffice to 
stay the destruction of the Roman commonwealth. 
Why would they not every man abate somewhat of 
his full rights and compromise harmoniously on a 
middle course, the Fathers consenting that military 
tribunes should be chosen instead of consuls, the 

397 



L1VY 

A.U.C. plebi non intercedendo quo minus quattuor quaestores 
promisee de plebe ac patribus Hbero suffragio populi 
fierent ? 

L.U.O. XLIV. Tribunicia primum comitia sunt habita. 

34 3H5 

Creati tribuni consular! potestate omnes patricii, L. 
Quinctius Cincinnatus tertium 1 L. Furius 2 Me- 
dullinus iterum M. Manilas 3 A. Sempronius Atratinus. 

2 Hoc tribune comitia quaestorum habente petenti- 
busque inter aliquot plebeios filio A. Antisti 4 tribuni 
plebis et fratre alterius tribuni plebis Sex. Pompili, 
nee potestas nee suffragatio horum valuit quin quorum 
patres avosque consules viderant eos nobilitate prae- 

3 ferrent. Furere omnes tribuni plebi, ante omnes 
Pompilius Antistiusque, repulsa suorum accensi. 

4 Quidnam id rei esset ? 5 Non suis beneficiis, non 
patrum iniuriis, non denique ius usurpandi 6 libidine, 
cum liceat quod ante non licuerit, si non tribunum 
militarem, ne quaestorem quidem quemquam ex plebe 

5 factum ! Non valuisse patris pro filio, fratris pro fratre 
preces, tribunorum plebis, potestatis sacrosanctae ad 
auxilium libertatis creatae. Fraudem profecto in re 
esse, et A. Sempronium comitiis plus artis adhibuisse 
quam fidei. Eius iniuria queri suos honore deiectos. 

1 tertium - : tevtio (or -cio) 1. 

2 L. Furius Siyonius (chap. xxv. 5, and chap. xxv. 1, 
and C.I.L. i 2 , p. 112) : sextus (or sex.) furius n. 

3 Manilas 5- (C.I.L. ibid.) : mallius n. 

* A. Antisti Lutcrbacher : antisti (or -ii) fl : antistiit D. 

6 esset 5- : esset quod n. 

6 ius usurpandi Karsten : usurpandi n. 

393 



BOOK IV. XLIII. 12-xLiv. 5 

tribunes interposing no veto to prevent four quaestors B.C. 421 
being taken promiscuously from plebeians and patri- 
cians by free election of the people ? 

XLIV. The election of tribunes was held first. B.C. 420 
The tribunes with consular powers who were chosen 
were all patricians, namely Lucius Quinctius Cincin- 
natus (for the third time), Lucius Furius Medullinus 
(for the second time), Marcus Manlius, and Aulus 
Sempronius Atratinus. The last-named held the 
election for quaestors. Among the several plebeians 
who sought the place were the son of a plebeian 
tribune, named Aulus Antistius, and the brother of 
another, Sextus Pompilius. Yet neither the authority 
nor the support of these men could prevent the 
people from giving the preference, because of their 
noble birth, to men whose fathers and grandfathers 
they had seen consuls. This made all the tribunes 
furious, but more than all the rest Pompilius and 
Antistius, who were incensed at the defeat of their 
kinsmen. What in the world, they asked, was the 
meaning of this? Had neither their own services 
nor the wrongs which the patricians had inflicted, 
nor even the pleasure of exercising a right since 
what had before been unlawful was now permitted 
availed to elect a single quaestor from the plebs, let 
alone a military tribune ? Of no avail had been a 
father's entreaties for his son, a brother's for his 
brother, not though they had been tribunes of the 
plebs, and invested with an inviolable office, created 
for the protection of liberty. There was fraud in the 
matter, beyond question, and Aulus Sempronius had 
employed more artifice than honesty in the election. 
It was by his wrong-doing, they complained, that 
their relations had been defeated for office. And so, 

399 



LIVY 

A.U.O. 6 Itaque cum in ipsum et innocentia tutum et magis- 

334-335 . ,, . 

tratu, in quo tune erat, impetus fieri non posset, 
flexere iras in C. Sempronium, patruelem Atratini, 
eique ob ignominiam Volsci belli adiutore collega M. 

7 Canuleio diem dixere. Subinde ab iisdem tribunis 
mentio in senatu de agris dividendis inlata est, cui 
actioni semper acerrime C. Sempronius restiterat, 
ratis, 1 id quod erat, aut deposita causa leviorem 
futurum apud patres reum aut perseverantem sub 

8 iudicii tempus plebem offensurum. Adversae in- 
vidiae obici maluit et suae nocere causae quam 

9 publicae deesse ; stetitque in eadem sententia ne 
qua largitio, cessura in trium gratiam tribunorum, 
iieret ; nee turn agrum plebi, sed sibi invidiam 
quaeri ; se quoque subiturum earn tempestatem forti 
animo ; nee senatui tanti se civem aut quemquam 
alium debere esse, ut in parcendo uni malum publicum 

10 fiat. Nihilo demissiore animo, cum dies venit, causa 
ipse 2 pro se dicta, nequiquam omnia expertis patribus 
ut mitigarent plebem, quindecim milibus aeris 
damnatur. 

11 Eodem anno Postumia virgo Vestalis de incestu 
causam dixit crimine innoxia, ab suspicione 3 propter 

1 ratis 5- : ratus A. 

2 causa ipse A* (or A 1 ) $- : causa ipsa U: causa ipsa ipse 
FEHDLA : causa ipse sa ipse M. 

3 ab suspicione Gronovius : ob suspicionem (-tionem ED) a. 

400 



BOOK IV. XLIV. 6-1 1 

since they could not attack the man himself, secure B.C. 420 
as he was not only in his innocence but in the magis- 
tracy which he was filling, they turned their anger 
upon Gaius Sempronius, the cousin of Atratinus; 
and prosecuted him, with the co-operation of their 
colleague Marcus Canuleius, on the score of the 
humiliation suffered in the Volscian war. The same 
tribunes frequently mentioned in the senate the 
division of the public lands, a measure which Gaius 
Sempronius had always stoutly resisted, for they 
reckoned' and rightly- that either he would aban- 
don the cause and his defence would become a matter 
of less concern to the patricians, or that persevering 
in his attitude he would give offence, up to the 
moment of his trial, to the plebeians. He chose to 
face the storm of unpopularity and to injure his own 
cause rather than be found wanting in that of the 
nation ; and he held fast to the same opinion, that 
there should be no largess, for that would redound 
to the advantage of the three tribunes. It was not 
land for the plebs they were then looking for, he 
declared, but hatred for himself; he was as ready as 
another to confront that tempest with a courageous 
heart ; nor ought the senate to set so high a value 
upon himself or any other citizen that their tender- 
ness for him should bring about a general disaster. 
His spirit was not a whit less firm when the day of 
trial came. He pleaded his own cause ; the senators 
exerted in vain every means of mollifying the plebs ; 
and he was condemned to pay a fine of fifteen 
thousand asses. 

The same year a Vestal virgin named Postumia 
was put on trial for unchastity. She was innocent of 
the charge, though open to suspicion because of her 

401 



LIVY 

A.U.O. cultum amoeniorem ingeniumque liberius quam 

334-335 ^ virginem decet parum abliorrens. Earn 1 ampliatam, 

deinde absolutam pro collegii seiitentia pontifex 

maximus abstinere iocis colique sancte potius quam 

scite iussit. Eodem anno a Campanis Cumae, quam 

Graeci turn urbem tenebant, capiuntur. 

13 Insequens annus tribunes militum consular! 

potestate habuit Agrippam Menenium Lanatum P. 

Lucretium Tricipitinum Sp. Nautium Rutulum 2 

i.u.o. (XLV.), annus felicitate populi Roman! periculo potius 

ingenti quam clade insignis. Servitia urbem ut 

incenderent distantibus Iocis coniurarunt, populoque 

ad opem passim ferendam tectis intento ut arcem 

2 Capitoliumque armati occuparent. Avertit nefanda 
consilia luppiter, indicioque duorum comprehensi 
sontes poenas dederunt. Indicibus dena milia gravis 
aeris, quae turn divitiae habebantur, ex aerario 
numerata et libertas praemium fuit. 

3 Bellum inde ab Aequis reparari coeptum ; et iiovos 
hostes Labicanos 3 consilia cum veteribus iungere haud 

4 incertis auctoribus Romam est allatum. Aequorum 
iam velut anniversariis armis adsueverat civitas : La- 
bicos legati missi cum responsa inde rettulissent 
dubia, quibus nee turn bellum parari nee diuturnam 
pacem fore appareret, Tusculanis negotium datum 
adverterent animos ne quid novi tumultus Labicis 
oreretur. 

1 earn M 2 : earn am M : famam (omitted by P) n. 

* Rutulum Conway (cf. chap. xxxv. 4): rutilium MA*: 



by 

* Labicanos .... Labicis .... Labicanos .... Labi- 
canis as & reads at n. xxxix. 4 and several other places (in 4 
Labicos MPfiL) : lauicanos, etc. fi. 



402 



BOOK IV. XLIV. II-XLV. 4 

pretty clothes and the unmaidenly freedom of her B.C. 420 
wit. After she had been remanded and then ac- 
quitted, the pontifex maximus, in the name of the 
college, commanded her to ahstain from jests, and to 
dress rather with regard to sanctity than coquetry. 
In this same year Cumae, a city which the Greeks 
then held, was captured by the Campanians. 

The ensuing year had as military tribunes with 
consular powers Agrippa Menenius Lanatus, Publius 
Lucretius Tricipitinus, and Spurius Nautius Rutulus. 
XLV. It was a year remarkable, thanks to the good B.C. 

A 1 1 Q 

fortune of the Roman People, for a great danger but 
not a disaster. The slaves conspired to set fire to 
the City at points remote from one another, and, 
while the people should be busy everywhere with 
rescuing their houses, to seize the Citadel and the 
Capitol with an armed force. Jupiter brought their 
wicked schemes to naught, and on the evidence of two 
of their number the guilty were arrested and punished. 
Each informant was rewarded from the public 
treasury with ten thousand pounds of bronze which 
passed for wealth in those days and with freedom. 
The Aequi then began to prepare again for war; 
and word was brought to Rome on good authority that 
new enemies, the Labicani, were making common 
cause with the old ones. As for the Aequi, the 
citizens had by now grown accustomed to war with 
them, as to an annual occurrence ; but they dis- 
patched envoys to Labici, and having got them 
back with an ambiguous answer, from which it 
appeared that though war was not as yet being 
organized, yet peace would not long continue, they 
commissioned the Tusculans to watch that no fresh 
outbreak should occur at that place. 

403 



LIVY 

t.o.o. 5 Ad insequentis anni tribunes militum consular! 

336 

potestate inito magistratu legati ab Tusculo venerunt, 
L. Sergium Fidenatem M. Papirium Mugillanum ] 
C. Servilium Prisci filium, quo dictatore Fidenae 

6 captae fuerant. Nuntiabant legati Labicanos arma 
cepisse et cum Aequorum exercitu depopulates agrum 

7 Tusculanum castra in Algido posuisse. Turn Labi- 
canis bellum indictum ; factoque senatus consulto ut 
duo ex tribunis ad bellum proficiscerentur, unus res 
Romae curaret, certamen subito inter tribunes ex- 
ortum ; se quisque belli ducem potiorem ferre, curam 

8 urbis ut ingratam ignobilemque aspernari. Cum 
parum decorum inter collegas certamen mirabundi 
patres conspicerent, Q. Servilius "Quando nee ordinis 
huius ulla" iiiquit, "nee rei publicae est verecundia, 
patria maiestas altercationem istam dirimet. Filius 
meus extra sortem urbi praeerit. Bellum utinam 
qui adpetunt coiisideratius concordiusque quam 
cupiunt gerant." 

XLVI. Dilectum haberi non ex toto passim populo 
placuit; decem tribus sorte ductae sunt. Ex iis 
scriptos iuniores duo tribuni ad bellum duxere. 

2 Coepta inter eos in urbe certamina cupiditate eadem 
imperil multo impensius in castris accendi ; nihil 
sentire idem, pro sententia pugnare ; sua consilia 

3 velle, sua imperia sola rata esse ; contemnere in 

1 Mugiliaiium Siyonius: inugilanum H. 
404 



BOOK IV. XLV. 5-xLvi. 3 

To the military tribunes with consular authority B.C. 
who held office the ensuing year, Lucius Sergius 4 
Fidenas, Marcus Papirius Mugillanus, and Gaius 
Servilius, son of the Priscus who as dictator had 
captured Fidenae, there came, just as they had 
entered on their magistracy, ambassadors from Tus- 
culum, who announced that the Labicani had armed 
and, after devastating the Tusculan countryside in 
company with an Aequian army, had encamped -on 
Algidus. Thereupon war was declared against the 
Labicani, and the senate resolved that two of the 
tribunes should proceed to the front, while one 
attended to matters in Rome. At this a dispute 
immediately broke out amongst the tribunes, each 
of whom boasted of his superiority as a general and 
spurned the care of the City as a thankless and 
ignoble task. While the astonished senators watched 
this unseemly rivalry amongst the colleagues, Quintus 
Servilius exclaimed, " Since you have no respect for 
this order nor for the republic, a father's authority 
shall end your quarrel. My son shall preside over 
the City, without recourse to lots. I only hope 
that those who are eager to make the campaign 
may conduct it with more consideration and har- 
mony than they display in seeking it." 

XLVI. It was determined not to make a general 
levy on the entire people, but ten tribes were chosen 
by lot. From these the two tribunes enrolled the 

/ 

men of military age and led them to war. The 
bickerings which had commenced between them in 
the City grew much hotter in the camp, from the 
same eagerness to command ; they could not agree 
on anything ; each strove for his own opinion ; each 
desired his own plans and his own orders to be the 

40 5 
VOL. II. O J 



LIVY 
.o.o. vicem et contemni, donee castigantibus legatis tan- 

336 

dem ita comparatum est ut alternis diebus summani 

4 imperil liaberent. Quae cum allata Romam essent, 
dicitur Q. Servilius, aetate et usu doctus precatus 
ab dis l immortalibus ne discordia tribunorum dam- 
nosior rei publicae esset quam ad Veios fuisset, et 
velut baud dubia clade imminente institisse filio ut 

5 milites scriberet et arma pararet. Nee falsus vates 
fuit. Nam ductu L. Sergi, cuius dies imperii erat, 
loco iniquo sub hostium castris, cum, quia simulato 
metu receperat se hostis ad vallum, spes vana ex- 
pugnandi castra eo traxisset, repentino impetu Ae- 
quorum per supinam vallem fusi sunt, multique in 
ruina maiore quam fuga oppress! obtruncatique. 

6 Castraque eo die aegre retenta, postero die circum- 
fusis iam magna ex parte hostibus per aversam 
portam fuga turpi deseruntur. Duces legatique et 
quod circa signa roboris de exercitu fuit Tusculum 

7 petiere : palati alii peragros passim multis itineribus 
maioris quam accepta erat cladis nuntii Romam con- 

8 tenderunt. Minus trepidationis fuit, quod eventus 
timori hominum congruens fuerat, et quod subsidia 
quae respicerent in re trepida praeparata erant ab 

1 dis Conway and Walters : diia fl. 
406 



BOOK IV. XLVI. 3-8 

only valid ones ; each despised the other and was B.C. 
in turn despised by him, until at last, reproved by 4 
their lieutenants, they arranged to exercise the 
supreme command on alternate days. When the 
report of this reached Rome, it is said that Quintus 
Servilius, taught by years and experience, besought 
the immortal gods that the strife between the 
tribunes might not result more disastrously to the 
republic than had been the case at Veii, and as 
though certain defeat were imminent, urged his son 
to enlist soldiers and make ready arms. Nor was 
he a false prophet. For under the leadership of 
Lucius Sergius, whose day it was to command, the 
Romans found themselves in an unfavourable position 
close to the enemy's camp, whither they had been 
drawn, when the Aequi feigned fear and retired to 
their rampart, by the vain hope of capturing it; 
and there they were suddenly attacked by the Aequi 
and driven pellmell down a sloping valley, where 
many of them, as they rather tumbled down than 
retreated, were overtaken and put to the sword. 
That day they defended their camp with difficulty, 
and on the next, when the enemy had almost sur- 
rounded it, they abandoned it by a disgraceful 
flight through the opposite gate. The generals and 
their lieutenants and such of the army's strength 
as kept to the standards made for Tusculum : the 
others, scattering through the fields, this way and 
that, hastened to Rome by divers roads and reported 
a much heavier defeat than had been sustained. 
There was the less dismay for the reason that the 
event had tallied with men's apprehensions, and 
because reserves which they could look to in the 
hour of danger had been made ready by the tribune 

407 



LIVY 

A.U.C. 9 tribimo militum. lussuque eiusdem per minores 
magistratus sedato in urbe tumultu speculatores 
propere missi nuntiavere Tusculi duces exercitumque 

10 esse, hostem castra loco noii inovisse. Et, quod 
plurimum animorum fecit, dictator ex senatus coii- 
sulto dictus Q. Servilius 1 Priscus, vir cuius provi- 
dentiam in re publica cum multis aliis tempestatibus 
ante experta ci vitas erat turn eventu eius belli, quod 
uni certamen tribunorum suspectum ante rem male 

11 gestam fuerat. Magistro equitum creato a quo ipse 
tribuno militum dictator erat dictus, filio suo ut 
tradidere quidam ; nam alii Ahalam Servilium magis- 

12 trum equitum eo anno fuisse scribunt, novo exercitu 
profectus ad bellum accitis qui Tusculi erant, duo 
milia passuum ab hoste locum castris cepit. 

pin's XL VI I. Transierat ex re bene gesta superbia 

neglegentiaque ad Aequos quae in Romanis ducibus 

2 fuerat. Itaque primo statim proelio cum dictator 
equitatu immisso antesignanos hostium turbasset, 
legionum inde signa inferri propere iussit signi- 

3 ferumque ex suis unum cunctantem occidit. Tantus 
ardor ad dimicandum fuit ut impetum Aequi non 
tulerint, victique acie cum fuga effusa petissent castra, 
brevior tempore et certamine minor 2 castrorum op- 

4 pugnatio fuit quam proelium fuerat. Captis direptis- 
que castris cum praedam dictator militi concessisset 

1 Servilius A 2 >-: sulpicius (-tins DL] n. 

* brevior tempore et certamine minor E' 1 D ? 5- : breuior et 
certamine et tempore 2/ 1 ? : breuiore tempore et certamine 
minor fl. 

408 



BOOK IV. XLVI. 8-ALvn. 4 

of the soldiers. It was by his orders too that the B.C. 
lesser magistrates had quieted the confusion in the 
City, when the scouts whom he had hurriedly sent 
out reported that the generals and the army were 
at Tusculum, and that the enemy had not broken 
camp. And what raised men's courage most 
Quintus Servilius Priscus was in consequence of a 
senatorial decree named dictator a man whose 
clear vision in public affairs the state had proved 
on many previous occasions, but particularly in the 
outcome of this war, because he alone had viewed 
the quarrel of the tribunes with anxiety, before 
their defeat. Having appointed his son, by whom, 
when military tribune, he had himself been pro- 
nounced dictator, to be master of the horse, as 
some authorities have recorded ; for others write 
that Servilius Ahala was master of the horse that 
year, he set out with a fresh army for the war, 
sent for the troops which were at Tusculum, and 
fixed his camp two miles from the enemy. 

XLVII. In consequence of their success, the Aequi 1 B - c - 

, , . , . , j i L. i 417-416 

had taken over the arrogance and carelessness which 
the Roman generals had shown, and the result was 
seen in the very first battle. When the dictator 
had attacked with his cavalry and had thrown the 
enemy's front ranks into confusion, he ordered the 
legions to advance rapidly, and when one of his 
standard-bearers hesitated, cut him down. So eager 
for combat were the troops, that the Aequi could not 
stop their rush, and when, defeated in the field, 
they had withdrawn to their camp in a disordered 
flight, it was stormed with less expenditure of time 
and effort than the battle itself had cost. Having 
captured and sacked the camp, the dictator relin- 

409 



LIVY 

A.U.C. secutique fueientem ex castris hostem equites re- 

S "7 3*^8 T 

nuntiassent omnes Labicanos victos, magnam partem 

5 Aequorum Labicos conf ugisse, postero die ad Labicos 
dactus exercitus oppidumque corona circumdatascalis 

6 captum ac direptum est. Dictator exercitu victore 
Romam reducto die octavo quam creatus erat magis- 
tratu se abdicavit ; et opportune senatus priusquam 
ab tribunis plebi agrariae seditiones mentione inlata 
de agro Labicano dividendo fierent, censuit frequens 

7 coloniam Labicos deducendam. Coloni ab urbe mille 
et quingenti missi bina iugera acceperunt. 1 

Captis Labicis deinde 2 tribunis militum consular! 
potestate Agrippa Menenio Lanato et C. Servilio 3 

8 Structo et P. Lucretio Tricipitino, iterum omnibus 
his, et Sp. Rutilio Crasso, et insequente anno A. 
Sempronio Atratino tertium, et duobus iterum, 
M. Papirio Mugillano 4 et Sp. Nautio Rutulo 5 bien- 
nium tranquillae externae res, discordia domi ex 
agrariis legibus fuit. 

XLVIII. Turbatores volgi erant Sp. Maecilius 

quartum et M. Metilius 6 tertium 7 tribuni plebis, 

2 ambo abseiites creati. Ei 8 cum rogationem pro- 

mulgassent ut ager ex hostibus captus viritim divide- 

retur, magnaeque partis nobilium eo plebi scito 

1 acceperunt A z $: acceperant (accepant A) n. 

2 deinde L. Mueller : ac deinde fl. 

3 0. Servilio Glareanus (cf. iv. xlv. 5 and Diod. XTIT. vii. 
1) : 1. seruilio fl : seruilio M : omitted by E (which also omits 
Structo). 

4 Mugillano (as at iv. vii. 10) : mugilano n. 

6 Rutulo (as at in. vii. 6) : rutilio (rutulio P) H. 

6 M. Metilius Alschefski : metilius (or -cilius) n. 

7 quartum . . . tertium 5- : quarto . . . tertio (or -cio) H. 

8 ei D ? Madvig : et fl. 

1 The iugerum was about five-eighths of an acre. 
410 



BOOK IV. XLVII. 4-xLvin. 2 

quished the plunder to his soldiers ; and the cavalry, B.C. 
which had pursued the enemy as they fled from their 417 " 41fl 
encampment, came back with the report that all the 
Labicani, after their defeat, and a great part of 
the Aequi, had taken refuge in Labici. Next day 
the army marched to Labici and, drawing a cordon 
about the town, stormed it with ladders and plun- 
dered it. Leading his victorious army back to 
Rome, the dictator resigned his office eight days 
after his appointment ; and the senate seized the 
opportunity, before the tribunes of the plebs could 
stir up agrarian troubles by proposing a division of 
the Labican territory, to resolve, in a largely-attended 
meeting, that a colony should be planted in Labici. 
Fifteen hundred colonists were sent from the City, 
and each received two iugera. 1 

The year that followed the capture of Labici, 
having as military tribunes with consular powers 
Agrippa Menenius Lanatus, Gaius Servilius Structus, 
and Publius Lucretius Tricipitinus (all these for 
the second time), together with Spurius Rutilius 
Crassus ; and the succeeding year, with Aulus Sem- 
pronius Atratinus (for his third term) and Marcus 
Papirius Mugillanus and Spurius Nautius Rutulus 
(for their second) were a period of tranquillity in 
foreign relations but of civil discord arising out of 
agrarian laws. 

XLVIII. Those who stirred up the people were 
Spurius Maecilius, tribune of the plebs for the fourth 
time, and Marcus Metilius, for the third, both having 
been elected in their absence. On their proposing 
a law that the land which had been captured from 
enemies should be divided up among the citizens, a 
plebiscite which would mean the confiscation of the 

411 



LIVY 
A.U.C. 3 pubiicarentur fortunae nee enim ferme quicquam 

337-338 

agn, ut in urbe aheno solo posita, non armis partum 
erat, nee quod venisset adsignatumve publice esset 

4 praeterquam plebs habebat, atrox plebi patribusque 
propositum videbatur certamen. Nee tribuni mili- 
tum nunc in senatu, nunc conciliis 1 privatis principum 

5 cogendis viam consilii inveniebant, cum Ap. Claudius, 
nepos eius qui decemvir legibus scribendis fuerat, 

6 minimus natu ex patrum concilio, dicitur dixisse 
vetus se ac familiare consilium domo adferre ; pro- 
avum enim suum Ap. Claudium ostendisse patribus 
viam unam dissolvendae tribuniciae potestatis per 

7 collegarum intercessionem. Facile homines novos 
auctoritate principum de sententia deduci, si tem- 
porum interdum potius quam maiestatis memor ad- 

8 hibeatur oratio. Pro fortuna illis animos esse ; ubi 
videant collegas principes agendae rei gratiam omnem 
ad plebempraeoccupasse nee locum in ea relictum sibi, 

9 baud gravate adclinaturos se ad causam senatus, per 
quam cum universe ordini, turn 2 primoribus se patrum 

10 concilient. Adprobantibus cunctis et ante omnes 
Q. Servilio Frisco, quod non degenerasset ab stirpe 

1 conciliis Cr&mer : in conciliis $- : in consiliis ft. 

2 cum universe ordini, turn Tan. Faber : cumiuerso (?) 
orcline turn D : uniuerso ordine cum H. 

1 Really his great-great-grandfather (dbavus}. 

8 The term novus homo was usually applied to a man who 
was the first of his family to hold a curule office (curule 
aedileship, praetorship, consulship). 

412 



BOOK IV. XLVIII. 2-10 

fortunes of a great part of the nobles for there B.C. 
was scarcely any land, as might be expected in the 417 ~' 
case of a city situated on alien soil, which had not 
been gained by force of arms ; nor was much, if 
any, of that which had been sold or assigned by the 
state held by other than plebeians, it appeared 
that a desperate struggle was at hand between the 
plebs and the patricians. The military tribunes had 
hit upon no plan of action either in the senate or in 
the private conferences which they held with the 
leading men, when Appius Claudius, grandson of 
him who had been decemvir for drawing up the laws, 
himself the youngest of the council of senators, 
announced so the story goes that he was bringing 
them from his house an old family device ; for 
it had been his great-grandfather l Appius Claudius 
who had pointed out to the senators that the only 
way to break the power of the tribunes lay through 
the veto of their colleagues. It was not difficult 
for the leading men of the state to induce upstart 
politicians 2 to change their minds, if they would 
but suit their discourse meantime rather to the 
exigencies of the crisis than to their lofty station. 
The sentiments of such fellows varied with their 
fortunes : when they saw that their colleagues, by 
taking the lead in the management of affairs, had 
appropriated all the favour of the populace in 
advance and had left no room there for themselves, 
they would incline without reluctance to the cause 
of the senate, by supporting which they might gain 
the goodwill not only of the order as a whole, but 
also of the foremost senators. When they had all 
expressed their approval, and especially Quintus 
Servilius Priscus, who praised the young man as 

413 



LIVY 

A.U.O. Claudia conlaudante iuvenem, neffotium datur ut 

r,37-338 

quos quisqne posset ex collegio tribunorum ad inter- 

11 cessionem perlicerent. Misso senatu prensantur ab 
principibus tribuni. Suadendo monendo pollicendo- 
que, gratum id singulis privatim, gratum universe 
senatui fore, sex ad intercessionem comparavere. 

12 Posteroque die cum ex composito relatum ad senatum 
esset de seditione quam Maecilius Metiliusque largi- 

13 tione pessimi exempli concirent, eae orationes a 
primoribus patrum habitae sunt ut pro se quisque 
iam nee consilium sibi suppetere diceret nee se ullam 
opem cernere aliam usquam praeterquam in tri- 
bunicio auxilio ; in eius potestatis fidem circum- 
ventam rem publicam, tamquam privatum inopem, 

14 confugere ; praeclarum ipsis potestatique esse non 
ad vexandum senatum discordiamque ordinum mo- 
vendam plus in tribunatu virium esse quam ad re- 

15 sistendum improbis collegis. Fremitus deinde universi 
senatus ortus, cum ex omnibus partibus curiae tribuni 
appellarentur. Turn silentio facto ii qui praeparati 
crant gratia principum, quam rogationem a collegis 
promulgatam senatus censeat dissol vendae rei publicae 
esse, ei se intercessuros ostendunt. Gratiae inter- 

1 6 cessoribus ab senatu actae. Latores rogationis con- 
414 



BOOK IV. XLVIII. 10-16 

one who had not degenerated from the Claudian i?.o. 
stock, everybody was given the task of inducing 417 ~ 416 
such of the tribunician college as he could to inter- 
pose their vetoes. The senate adjourned and the 
leading members began to canvass the tribunes. 
By arguments in which they mingled warnings with 
the promise that their action would earn the tribunes 
the personal gratitude of individuals, as well as that 
of the senate as a body, they got six men to promise 
their opposition. Next day when the senate, in 
accordance with a preconcerted plan, had taken up 
the question of the sedition which Maecilius and 
Metilius were beginning by proposing a donation of 
the most objectionable type, the principal senators 
made speeches in which each took occasion to say 
that he could think of nothing to suggest and saw 
no help for the situation anywhere save in the 
assistance of the tribunes ; this was the power to 
whose protection the harassed republic, like a private 
citizen in distress, now fled for succour; it was a 
glorious thing both for the men themselves and for 
their office that the tribunate possessed no less 
strength for the resistance of its wicked colleagues 
than for troubling the senate and promoting discord 
between the orders. Loud shouts were then heard 
from the entire senate and appeals were addressed 
to the tribunes from every part of the Curia. Then, 
after silence had been obtained, those who had 
been won over by the favour of the chief senators 
declared their readiness to veto the measure which 
their colleagues had proposed but the senate deemed 
subversive of the republic. The thanks of the 
senate were voted the protesters. The authors of 
the bill convened an assembly, and accusing their 

415 



LIVY 

A.U.C. tione advocata proditores plebis commodorum ac 

i 0*7 "**> Q ^ 

servos consularium appellantes aliaque truci oratione 
in collegas invecti actionem deposuere. 

A.U.O. XL1X. Duo bella insequens annus habuisset, quo 

P. Cornelius Cossus C. Valerius Potitus Q. Quinctius 
Cincinnatus Num. Fabius l Vibulanus tribuni militum 

2 consular! potestate fuerunt, ni Veiens bellum religio 
principum distulisset, quorum agros Tiberis super 

3 ripas effusus maxime ruinis villarum vastavit. Simul 
Aequos triennio ante accepta clades prohibuit Bo- 

4 lanis, 2 suae gentis populo, praesidium ferre. Ex- 
cursiones inde in confinem agrum Labicanum 3 factae 

5 erant novisque colonis bellum inlatum. Quam noxam 
cum se consensu omnium Aequorum defensuros 
sperassent, deserti ab suis ne memorabili quidem 
bello, per obsidionem levemque unam pugnam et 

6 oppidum et fines amisere. Temptatum ab L. Decio 4 
tribune plebis, ut rogationem ferret qua Bolas quo- 
que, sicut Labicos, coloni mitterentur, per inter- 
cessionein collegarum, qui nullum plebi scitum nisi ex 
auctoritate senatus passuros se perferri ostenderunt, 
discussum est. 

7 Bolis insequente anno receptis Aequi coloniaque 
eo deducta novis viribus oppidum firmarunt, tribunis 
militum Romae consulari potestate Cn. Cornelio 
Cosso L. Valerio Potito Q. Fabio Vibulano iterum 

1 Num. Fabius Sigonius (cf. iv. xliii. 1) : marcus (or m) fl. 

2 Bolanis Sigonius and Cluverius : uolanis n : uolentes U 
(tlie same correction throughout the chap.). 

8 Labicanum as at chap. xlv. 3 : lauic- n (so lauicos 
infra}. 

* L. Decio 5- : 1. quintio decio Ui 1. sextio A 3 : 1. dexio 
MHDLA : 1. q. dexio PE. 

416 



BOOK IV. XLVIII. i6-xLix. 7 
colleagues of being traitors to the interests of the B.C 

A} 7 A T ft 

plebs and slaves of the consulars, and in other ways 
bitterly denouncing them, withdrew their measure. 

XLIX. There would have been two wars in the B .O 
ensuing year, in which Publius Cornelius Cossus, 
Gaius Valerius Potitus, Quintus Quinctius Cincin- 
natus, and Numerius Fabius Vibulanus were military 
tribunes with consular powers, had not the war with 
Veii been delayed, thanks to the superstition of the 
Veientine leaders, whose farms an overflow of the 
Tiber had laid waste, chiefly by ruining the farm- 
houses. At the same time the Aequi were deterred 
by the defeat they had suffered three years before 
from marching to the assistance of the Bolani, a tribe 
of their own race. These people had made incursions 
into the neighbouring territory of Labici and attacked 
the new settlers. The consequences of this outrage 
they had hoped to avoid by means of the co-operation 
of all the Aequi ; but, having been abandoned by 
their friends, they lost their town and their lands, in 
a war which does not even merit description, as the 
result of a siege and a single skirmish. An attempt 
on the part of Lucius Decius, a plebeian tribune, to 
carry a law providing that colonists should be sent to 
Bolae too, as well as to Labici, was frustrated through 
the intervention of his colleagues, who intimated that 
they would permit no plebiscite to pass unless it had 
the warrant of the senate. 

Bolae was retaken the next year, and the Aequi 
planted a colony there and strengthened the town 
with new defenders. Rome now had the following; 

O 

military tribunes with consular powers, Gnaeus 
Cornelius Cossus, Lucius Valerius Potitus, Quintus 
Fabius Vibulanus (for the second time), and Marcus 



LIVY 
A.U.C. 8 M. Postumio Regillensi. 1 Huic belluin adversus 

339-340 

Aequos permissum est, pravae mentis homing quam 
9 tamen victoria magis quam helium ostendit. Nam 
exercitu impigre scripto ductoque ad Bolas cum levi- 
bus proeliis Aequorum animos fregisset, postremo in 
oppidum inrupit. Deinde ab hostibus in cives certa- 
men vertit et cum inter oppugnationem praedam 
militis fore edixisset, capto oppido fidem mutavit. 

10 Earn magis adducor ut credam irae causam exercitui 
fuisse quam quod in urbe nuper direpta coloniaque 
nova minus praedicatione tribuni praedae fuerit. 

11 Auxit earn iram, postquam ab collegis arcessitus 
propter seditiones tribunicias in urbem revertit, 
audita vox eius in contione stolida ac prope vecors, 
qua M. Sextio 2 tribuno plebis legem agrariam ferenti, 
simul Bolas quoque ut mitterentur coloni laturum 
se dicenti dignum 3 enim esse qui armis cepissent, 
eorum urbem agrumque Bolanum esse " Malum 
quidem militibus meis " inquit, "nisi quieverint." 
Quod auditum non contionem magis quam mox 

12 patres offendit. Et tribunus plebis, vir acer nee 
infacundus, nactus inter adversaries superbum inge- 
nium immodicamque linguam, quam inritando agi- 
tandoque in eas impelleret voces quae invidiae non 

1 Regillensi Sigonius (C.I.L. i 1 , p. 444, note}: regiliensi 
{} : re giliensi M : rei giliensi M 1 : religiensi UHA. 

2 qua M. Sextio U' z f : quam sextio fl : q) Sextio Hi 
q. Sextio E 3 . 

3 dignum Tan. Faber : dignos n. 

418 



BOOK IV. XLIX. 7~i2 

Postumius Regillensis. To this last was intrusted R .o. 
the campaign against the Aequi. He was a wrong- 415-414 
headed man, yet he showed it more in the hour of 
victory than during the campaign. For he was 
energetic in raising an army and leading it to Bolae, 
where, after breaking the spirit of the Aequi in some 
trifling engagements, he finally forced an entrance 
into the town. He then diverted the quarrel from 
the enemy to his fellow-citizens ; and though he had 
proclaimed at the time of the attack that the booty 
should belong to the soldiers, when he had taken 
the town he broke his promise. This, I am inclined 
to believe, was the cause of the army's resentment, 
rather than the fact that in a recently-plundered 
city inhabited by new settlers, there was less booty 
than the tribune had predicted. The ill-feeling was 
increased, when, being sent for by his colleagues 
on account of tribunician disturbances, he had 
returned to the City, by a stupid and almost insane 
remark he was heard to make in an assembly, where 
Marcus Sextius, a plebeian tribune, in introducing 
an agrarian measure, announced that he should 
propose also that colonists be dispatched to Bolae 
for it was proper, he said, that the city and lands of 
the Bolani should belong to those who had captured 
them in war. " Woe to my soldiers," exclaimed 
Postumius, " unless they hold their peace ! " a 
saying which presently, on being reported to the 
senators, offended them no less than it had the 
assembly. And the tribune of the plebs, a keen and 
not uneloquent man, having got for one of his 
adversaries a man of haughty spirit and unbridled 
tongue, whom he could irritate and provoke to say 
things that would not only make himself disliked 

419 



LIVY 

A o.c. ipsi tantum sed causae atque universe orclini essent, 

3^9-340 . ., .,.. 

neminem ex collegio tnbunorum mihtum saepms 

13 quam Postumium in disceptationem trahebat. Turn 
vero secundum tarn saevura atque inhumanum dictum 
"Auditis" inquit, " Quirites, sicut servis malum 

14 minantem militibus? Tamen liaec belua dignior 
vobis tanto honore videbitur quam qui vos urbe 
agrisque donates in colonias mittunt, qui sedem 
senectuti vestrae prospiciunt, qui pro vestris com- 
modis adversus tam crudeles superbosque adversaries 

15 depugnant ? Incipite delude mirari cur pauci iam 
vestram suscipiant causam. Quid ut a vobis sperent ? 
An honores, quos adversariis vestris potius quam po- 

16 puli Romani propugnatoribus datis? Ingemuistis 
mode voce huius audita. Quid id refert ? Iam si 
suffragium detur, hunc qui malum vobis minatur iis 
qui agros sedesque ac fortunas stabilire volunt 
praeferetis." 

L t Perlata haec vox Postumi ad milites multo in 
castris maiorein indignationem movit : praedaene 
interceptorem fraudatoremque etiam malum minari 

2 militibus ? Itaque cum fremitus aperte esset, et 
quaestor P. Sestius l eadem violentia coerceri putaret 
seditionem posse qua mota erat, misso ad vociferantem 
quendam militem lictore cum inde clamor et iurgium 
oreretur, saxo ictus turba excedit, insuper increpante 

3 qui volneraverat, habere quaestorem quod imperator 

1 Sestius Sigonius (as at in. xxxii. 4) : sextius (Sexiua H] n. 
420 



BOOK IV. XLIX. T2-L. 3 

but his cause and the entire senate as well, made a B.C. 
point of involving Postumius in a dispute more often 415 ~ 411 
than any other member of the college of military 
tribunes. On this particular occasion, after that 
savage and brutal threat, he cried, " Do you hear 
him, Quirites, threatening his soldiers with punish- 
ment like slaves? Shall this wild beast seem to you, 
notwithstanding, more deserving of so great an office 
than those who would present you with a city and 
with lands, and send you out to colonies ; who would 
provide a home for your old age ; who fight for your 
interests against these cruel and insolent adversaries ? 
And does it surprise you that so few espouse your 
cause ? What are they to expect of you ? Those 
offices which you give by preference to your oppo- 
nents, rather than to the champions of the Roman 
People ? You groaned just now when you heard his 
remark. What of it? If you should be asked to 
vote this very moment, you would elect this man 
who threatens you with chastisement in preference 
to those who wish to secure you lands and houses 
and fortunes." 

L. When this saying of Postumius reached the B.C. 414 
troops, it stirred up much greater indignation in the 
camp : did the man who had fraudulently cut off 
his soldiers from their spoils also threaten them with 
punishment ? And while they murmured openly, the 
quaestor Publius Sestius, thinking that the mutiny 
could be quelled with the same violence which 
had occasioned it, sent a lictor to arrest a certain 
brawling soldier ; whereupon shouts and objurgations 
broke forth, and Sestius was hit with a stone and 
retreated from the scuffle, while the man who had 
wounded him thundered after him that the quaestor 

421 



LIVY 

vu.o. 4 esset militibus minatus. Ad hunc tumultum accitus 
Postumius asperiora omnia fecit acerbis quaestionibus, 
crudelibus suppliciis. Postremo cum modum irae 
nullum faceret, ad vociferationem eorum quos necari 
sub crate iusserat concursu facto, ipse ad interpel- 

5 lantes l poenam vecors de tribunal! decurrit. Ibi 
cum submoventes passim lictores centurionesque 
vexarent turbam, eo indignatio erupit ut tribunus 
militum ab exercitu suo lapidibus cooperiretur. 

6 Quod tarn atrox facinus postquam est Romam nuntia- 
tum, tribunis militum de morte collegae per senatum 
quaestiones decernentibus tribuni plebis intercede- 

7 bant. Sed ea contentio ex certamine alio pendebat, 
quod cura incesserat patres ne metu quaestionum 
plebs iraque tribunes militum ex plebe crearet, tende- 

8 bantque summa ope ut consules crearentur. Cum 
senatus consultum fieri tribuni plebis non paterentur, 
iidem intercederent consularibus comitiis, res ad 
interregnum rediit. Victoria deinde penes patres 
fuit. 

.i.u.0. LI. Q. Fabio Vibulano interrege comitia habente 

consules creati sunt A. Cornelius Cossus L. Furius 2 

2 Medullinus. His consulibus principio anni senatus 

consultum factum est, ut de quaestione Postumianae 

caedis tribuni primo quoque tempore ad plebem 

1 interpellantes Gronovius : interpellandis M : interpel- 
lantis fl. 

a L. Furius 5- : Furius 1. 

1 See the account, in i. li. 9, of the execution of Herdonius 
Here water is nob mentioned, and the victim was probably 
placed on the ground and crushed beneath the stones which 
were heaped upon the hurdle. 

2 Providingfor the investigation of themurderof Postumius. 

422 



BOOK IV. L. 3- LI. 2 

had got what the general had threatened to give his B.C. 414 
men. Being summoned to deal with this disturbance, 
Postumius aggravated everything by his harsh inqui- 
sitions and savage punishments. Finally his anger 
got beyond all bounds, and when the shout of those 
whom he had ordered to be put to death under a 
hurdle 1 had caused a crowd to gather, he ran down 
in a frenzy of passion from his tribunal to those who 
would have interrupted the execution. There, when 
the lictors and centurions assailed the mob and tried 
to drive them back, on this side and on that, resent- 
ment ran so high that a military tribune was over- 
whelmed with a volley of stones from his own soldiers. 
This dreadful deed having been announced in Rome, 
the tribunes of the soldiers wished to institute a 
senatorial inquiry into the death of their colleague, 
but the plebeian tribunes interposed their vetoes. 
The dispute was closely connected with another 
struggle. The senators had become apprehensive 
lest the plebs, what with their fear of investigations 
and their indignation, should elect military tribunes 
from their own class ; they therefore used all their 
efforts to have consuls chosen. Since the plebeian 
tribunes would not allow the resolution of the senate 2 
to go through, and also vetoed the election of consuls, 
the state reverted to an interregnum. The victory 
then rested with the senators. 

LI. Quintus Fabius Vibulanus, acting as interrex, B.C. 413 
held an election, and Aulus Cornelius Cossus and 
Lucius Furius Medullinus were chosen consuls. In 
their consulship, early in the year, a senatorial 
resolution was passed that the tribunes should bring 
the investigation of Postumius's murder before the 
plebs at the earliest possible moment, and that the 

423 



LIVY 

A.U.O. ferrent plebesque praeficeret quaestioni quern vellet. 
A plebe consensu T consulibus negotium mandatur ; 

3 qui summa moderatione ac lenitate per paucorum 
supplicium, quos sibimet ipsos conscisse mortem satis 
creditum est, transacta re, nequivere tamen consequi, 

4 ut non aegerrime id plebs ferret : iacere tarn diu 
inritas actiones quae de suis commodis ferrentur, 
cum interim de sanguine ac supplicio suo latam 
legem confestim exerceri et tantam vim habere. 

6 Aptissimum tempus fuerat vindicatis seditionibus 
delenimentum animis Bolani 2 agri divisionem obici, 
quo facto miiiuissent desiderium agrariae legis quae 
possesso 3 per iniuriam agro publico patres pellebat ; 

6 tune haec ipsa indignitas angebat animos : non in 
retinendis modo publicis agris quos vi 4 teneret per- 
tinacem nobilitatem esse, sed ne vacuum quidem 
agrum nuper ex hostibus captum plebi dividere, 
mox paucis, ut cetera, futurum praedae. 

7 Eodem anno adversus Volscos populantes Herni- 
corum fines legiones ductae a Furio consule cum 
hostem ibi non invenissent, Ferentmum, quo magna 

8 multitude Volscorum se contulerat, cepere. Minus 
praedae quam speraverant fuit, quod Volsci, post- 
quam spes tuendi exigua erat, sublatis rebus nocte 

1 consensu Cremer : populi consensu n. 

2 Bolani El (TV. xlix. 3) : uolani (uolam A) n. 

3 possesso A* or A 3 $- : possessio n : posset sio (or possit 
sio) E. 

4 quos vi 5- : quos ut 1. 

424 



BOOK IV. LI. 2-8 

plebs should appoint whomsoever they wished to B.C. 413 
have charge of the inquiry. The plebs unanimously 
referred the matter to the consuls. They accom- 
plished their task with the utmost moderation and 
leniency, punishing a few only, and these are 
generally believed to have committed suicide ; yet 
they were unable to prevent the transaction from 
being bitterly resented by the plebs, who complained 
that the measures which had been proposed in their 
interests lay all this while neglected, whereas the 
law that was passed concerning their punishment 
and their lives was carried out at once, and most 
effectually. It would have been a very suitable 
occasion, now that the mutiny had been avenged, 
to appease their anger by offering to divide the Bolan 
territory. Had the senators done this, they would 
have lessened men's desire for the agrarian law 
which was meant to expel the patricians from their 
wrongful occupation of the public domain. As it 
was, a sense of injury was aroused by the very 
circumstance that the nobility not only persisted in 
retaining the public lands, which they held by force, 
but would not even divide among the plebeians the 
unoccupied ground which had recently been taken 
from the enemy and would soon, they thought, 
become, like all the rest, the booty of a few. 

The same year the Volsci laid waste the borders 
of the Hernici, and the legions were led out to meet 
them by the consul Furius. Not finding the enemy 
there, they captured Ferentinum, to which a great 
number of Volsci had retired. There was less 
plunder there than they had expected, because the 
Volsci, having small hopes of defending the town, 
removed their possessions by night and abandoned 

425 



LIVY 

oppidum reliquerunt ; postero die prope desertum 
capitur. Hernicis ipsum agerque l dono datus. 

LII. Annum modestia tribunorum quietum ex- 
cepit tribunus plebis L. Icilius 2 Q. Fabio Ambusto 

2 C. Furio Paculo 3 consulibus. Is cum principio 
statim anni, velut pensum nominis familiaeque, 

3 seditiones agrariis legibus promulgandis cieret, 
pestilentia coorta, minacior tamen quam perniciosior, 
cogitationes hominum a foro certaminibusque pub- 
iicis ad domum curamque corporum nutriendorum 
avertit ; minusque earn damnosam fuisse, quam 

4 seditio futura fuerit credunt. Defuncta civitate 
plurimorum morbis, perpaucis funeribus, pestilentem 
annum inopia frugum neglecto cultu agrorum, ut 
plerumque fit, excepit, M. Papirio Atratino C. Nautio 

6 Rutulo 4 consulibus. lam fames quam pestilentia 
tristior erat, ni dimissis circa omnes populos legatis 
qui Etruscum mare quique Tiberim accolunt ad 
frumentum mercandum, annonae foret subventum. 

6 Superbe ab Samnitibus qui Capuam habebant Cu- 
masque legati prohibiti commercio sunt, contra ea 
benigne ab Siculorum tyrannis adiuti ; maximos 
commeatus summo Etruriae studio Tiberis devexit. 

7 Solitudinem in civitate aegra experti consules sunt, 
cum in legationes non plus singulis senatoribus 

1 ipsum agerque Weisseriborn : ipse agerque Mi ipse 
ager n. 

2 L. Icilius -: lucilius H: icilius U: lucius E. 

3 Paculo Conway (cf. chap. xii. 1 ) : Pacilo Sigonius : 
paclilo n : pactilio MU ': patilo A : paculio A* (or A 8 ). 

4 Rutulo cf. chap, xlvii. 8 : rutilio fl : rutulio PFB. 

1 Livy probably has Dionysius I. in mind ; though in 
reality it was several years later when he became tyrant of 
Syracuse. 

426 



BOOK IV. LI. S-LII. 7 

it; next day, when it was taken, it was practically B.C. 4.13 
deserted. The town itself and its territory were 
given to the Hernici. 

LI I. After this year, which the moderation of the B.O. 
tribunes had made a quiet one, came the plebeian 
tribuneship of Lucius Icilius, when Quintus Fabius 
Ambustus and Gaius Furius Paculus were consuls. 
While Icilius, at the very outset of the year, was 
endeavouring to stir up sedition by the promulgation 
of agrarian laws, as if it had been the appointed task 
of his name and family, a pestilence broke out, which, 
though it was more threatening than fatal, diverted 
men's thoughts from the Forum and political conflicts 
to their homes and the care of the sick, and is thought 
to have been less hurtful than the sedition would 
have been. The state had escaped with very few 
deaths, considering the great number of those who 
had fallen ill, when the year of pestilence was suc- 
ceeded, in the consulship of Marcus Papirius Atratinus 
and Gaius Nautius Rutulus, by a scarcity of corn, 
owing to the neglect of tillage usual at such times. 
Indeed the famine would have been more baneful 
than the disease, had they not supplemented the 
supply of corn by dispatching emissaries to all the 
peoples round about who dwelt on the Tuscan sea or 
by the Tiber, to purchase it. The Samnites who 
held Capua and Cumae insolently refused to permit 
the envoys to trade with them, but the Sicilian 
tyrants, 1 on the contrary, lent them generous assist- 
ance ; and the largest supplies of all were brought 
down the Tiber, with the hearty goodwill of the 
Etruscans. The consuls experienced a lack of men 
in the afflicted City, and, being unable to find more 
than one senator for an embassy, were obliged to add 

427 



LIVY 

LU.O. invenientes coacti sunt binos equites adicere. 

12-343 

8 Praeterquam ab morbo annonaque nihil eo biennio 

intestini externive incommodi fuit. At ubi eae 

sollicitudines discessere, omnia quibus turbari solita 

erat civitas, domi discordia, foris bellum exortum. 

A.U.O. LIII. M. Aemilio C. Valeric Potito consulibus 

344 

bellum Aequi parabant, Volscis, quamquam 11011 pub- 
lico consilio capessentibus arma, voluntariis mercede 

2 secutis militiam. Ad quorum famam hostium iam 
enim in Latinum Hernicumque transcenderant agrum 
dilectum habentem Valerium consulem M. Mene- 
nius tribunus plebis, legis agrariae lator, cum im- 
pediret auxilioque tribuni nemo invitus sacramento 

3 diceret, repente nuntiatur arcem Carventanam ab 

4 hostibus occupatam esse. Ea ignominia accepta 
cum apud patres invidiae Menenio fuit, turn ceteris 
tribunis, iam ante praeparatis intercessoribus legis 
agrariae, praebuit iustiorem causam resistendi col- 

6 legae. Itaque cum res diu ducta per altercationem 
esset, consulibus deos hominesque testantibus quid- 
quid ab hostibus cladis ignominiaeque aut iam accep- 
tum essetaut immineret culpam penes Menenium fore, 

6 qui dilectum impediret, Menenio contra vociferante, 
si iniusti domini possessione agri publici cederent, 

7 se moram dilectui non facere, decreto interposito 
novem tribuni sustulerunt certamen pronuntiave- 
428 



BOOK IV. ui. 7-Lin. 7 

two knights to each. With the exception of the B.C. 
disease and the shortage of corn, there was no internal 412 ^ 
or foreign trouble during these two years. But no 
sooner had these anxieties departed, than there came 
an outbreak of all the ills which were wont to harass 
the state, domestic quarrels and war abroad. 

LIII. In the consulship of Marcus Aemilius and B.C. 4io 
Gaius Valerius Potitus the Aequi prepared to go to 
war, and the Volsci, though they did not take up arms 
as a nation, made the campaign as volunteers serving 
for pay. When, on the rumour of their advance, 
for they had already crossed over into Latin and 
Hernican territory, Valerius the consul was raising 
troops, and Marcus Menenius, tribune of the plebs 
and proposer of an agrarian law, was obstructing the 
levy, and everybody who did not wish to go was 
availing himself of the tribune's protection and re- 
fusing the oath, on a sudden came the news that 
the citadel of Carventum had been seized by the 

/ 

enemy. This humiliation not only gave the patricians 
the means of stirring up feeling against Menenius, 
but supplied the rest of the tribunes, who had already 
been persuaded to veto the agrarian law, with a more 
justifiable pretext for resisting their colleague. The 
dispute was long drawn out. The consuls called 
gods and men to witness that the responsibility for 
whatever defeat or disgrace had already been or 
threatened to be visited on them by the enemy would 
rest with Menenius, because of his interference with 
the levy ; Menenius, on the other hand, protested 
loudly that if the occupants of the public domain 
would surrender their illegal possession of it, he was 
prepared to withdraw his opposition to the muster. 
At this juncture nine tribunes interposed a resolution 

429 



LIVY 

4.U.O. runtque ex collegii sententia C. Valerio consult se, 

344 

damnum aliamque coercitionem adversus interces- 
sionem collegae dilectus causa detractantibus mili- 

8 tiam inhibenti, auxilio futures esse. Hoc decreto 
consul armatus cum paucis appellantibus tribunum 
collum torsisset, metu ceteri sacramento dixere. 

9 Ductus exercitus ad Carventanam arcem, quamquam 
invisus infestusque consul! erat, impigre primo 
statim adventu deiectis qui in praesidio erant arcem 
recipit ; praedatores ex praesidio per neglegentiam 

10 dilapsi occasionem aperuere ad invadendum. Prae- 
dae ex adsiduis populationibus, quod omnia in locum 
tutum congesta erant, fuit aliquantum. Venditum sub 
hasta consul in aerarium redigere quaestores iussit, 
turn praedicans participem praedae fore exercitum, 

11 cum militiam lion abnuisset. Auctae inde plebis 
ac militum in consulem irae. Itaque cum ex senatus 
consulto urbem ovans introiret, alternis inconditi 
versus militari licentia iactati, quibus consul in- 

12 crepitus, Meneni celebre nomen laudibus fuit, cum 
ad omnem mentionem tribuni favor circumstantis 
populi plausuque et adsensu cum vocibus militum 

13 certaret. Plusque ea res quam prope sollemnis 
militum lascivia in consulem curae patribus iniecit ; 
et tamquam haud dubius inter tribunes militum 

43 



BOOK IV. LIII. 7-13 

which ended the contention. They proclaimed in B.C. 410 
the name of the college that they would support the 
consul Gaius Valerius if, in enforcing the levy, he 
resorted, despite the veto of their colleague, to fines 
and other forms of coercion against those who re- 
fused to serve. Armed with this decree, the consul 
caused the few who appealed to the tribune to be 
haled before him ; the rest were cowed into taking the 
oath. The army marched to the citadel of Carven- 
tum ; and although the soldiers were hated by the 
consul and returned his hostility, yet the moment they 
came to the place, they manfully drove out the 
garrison and recovered the stronghold, which had 
been laid open to attack by the negligence that had 
permitted men to slip away from the garrison in 
quest of booty. There was a considerable accumula- 
tion of spoils from this constant raiding, because 
everything had been heaped up there for safety. 
All this the consul ordered the quaestors to sell at 
auction and place the proceeds in the public treasury, 
giving out word that the army should share in the 
plunder only when the men had not refused to serve. 
This increased the enmity of plebs and soldiers 
towards the consul. And so when he entered the 
City in an ovation, as the senate had decreed, the sol- 
diers, with military freedom, shouted out rude verses 
now abusing the consul and now praising Menenius, 
while at every mention of the tribune's name the 
enthusiasm of the attendant populace vied with the 
voices of the men in cheers and applause. This cir- 
cumstance caused the patricians more anxiety than 
the sauciness of the soldiers towards the consul, which 
was virtually an established custom ; and as though 
they made no question that Menenius would be 
chosen for one of the military tribunes, if he were 

43 T 



LIVY 

A.U.O. honos Meneni, si peteret. consularibus comitiis est 

344 

exclusus. 
A.U.O. LIV. Creati consulcs sunt Cn. Cornelius Cossus 

345 

2 L. Furius Medullinus iterum. Non alias aegrius 
j)lebs tulit tribunicia comitia sibi non commissa. 
Eum dolorem quaestoriis comitiis simul ostendit 
et ulta est tune primum plebeiis quaestoribus creatis, 

3 ita ut in quattuor creandis um patricio K. Fabio l 
Ambusto relinqueretur locus, tres plebei Q. Silius P. 
Aelius P. Pupius clarissimarum familiaruni iuvenibus 

4 praeferrentur. Auctores fuisse tarn liberi populo suf- 
fragii Icilios accipio, ex familia infestissima patribus 
tres in eum annum tribunes plebis creates, multarum 
magnarumque rerum molem avidissimo ad ea populo 

5 ostentantes, cum adfirmassent nihil se moturos si 
ne quaestoriis quidem comitiis, quae sola promiscua 
plebei patribusque reliquisset senatus, satis animi 
populo esset ad id quod tarn diu vellent et per 

G leges liceret. Pro ingenti itaque victoria id fuit 
plebi, quaesturamque earn non honoris ipsius fine 
aestimabant, sed patefactus ad consulatum ac trium- 

7 phos locus novis hominibus videbatur. Patres contra 
non pro communicatis sed pro amissis honoribus 

1 K. Fabio Pighius (cf. iv. Ixi. 4 ; v. x. 1 ; v. xxiv. 1): 
c. fabio ft : claudio fabio E. 

432 



BOOK IV. un. i3-Liv. 7 

a candidate, they held a consular election and so B.C. 4ic 
excluded him. 

LIV. The consuls elected were Gnaeus Cornelius B.c.40t 
Cossus and (for the second time) Lucius Furius 
Medullinus. Never before had the plebs felt so 
aggrieved that they were not allowed to choose 
military tribunes. They showed their disappoint- 
ment,, and likewise avenged it, at the election 
of quaestors, when plebeians were for the first time 
chosen to that office ; though among the four to be 
elected room was made for one patrician, Caeso Fabius 
Ambustus. Three plebeians, Quintus Silius, Publius 
Aelius, and Publius Pupius, were preferred before 
young men of the most distinguished families. I find 
that those who encouraged the people to make so 
free with their votes were the Icilii. Three members 
of that family, a family most hostile to the patricians, 
had been made plebeian tribunes for that year, in 
consequence of the many great hopes they had 
held out to the populace, always more than eager 
to accept such promises. These men had de- 
clared that they would make no move in their 
behalf, if even in the election of quaestors the 
only election which the senate had lei't open to both 
classes the people could not find sufficient resolution 
to accomplish what they had so long wished to do 
and the laws permitted. And so the plebs felt that 
they had won a great victory, not estimating the 
significance of that quaestorship by the limits of the 
office itself, but feeling that the way to consulships 
and triumphs was thrown open to new men. The 
patricians, on the other hand, were as angry as though 
they had not merely shared their offices with the 
plebs but had lost them. They said that if such 

433 



LIVY 

A.U.O. fremere ; negare, si ea ita sint, liberos tollendos 
esse, qui pulsi maiorum loco cernentesque alios in 
possessione dignitatis suae, salii flaminesque nusquam 
alio quam ad sacrificandum pro populo sine imperiis 

8 ac potestatibus relinquantur. Inritatis utriusque 
partis animis cum et spiritus plebs sumpsisset et tres 
ad popularem cansam celeberrimi nominis haberet 
duces, patres omnia quaestoriis comitiis ubi utrum- 
que plebi liceret similia fore cernentes, tendere ad 
consulum comitia quae nondum promiscua essent : 

9 Icilii contra tribunos militum creandos dicere 1 et 
tandem aliquando impertiendos plebi honores. 

LV. Sed nulla erat consularis actio quam impedi- 
endo id quod petebant exprimerent, cum mira op- 
portunitate Volscos et Aequos praedatum extra fines 
exisse in agrum Latinum Hernicumque adfertur. 

2 Ad quod bellum ubi ex senatus consulto consules 
dilectum habere occipiunt, obstare tune enixe tribuni 
sibi plebique earn fortunam oblatam memorantes. 

3 Tres erant et omnes acerrimi viri generosique iam, 
ut inter plebeios. Duo singuli singulos sibi consules 
adservandos adsidua opera desumunt ; uni contioni- 
bus data mine detinenda, nunc concienda plebs. 

1 dicere Aldus: dicerent n. 

1 The salii were a very ancient college of priests whose 
name was derived from a weapon-dance which figured in 
their ritual. The flamen (' kindler ') was the special priest of 
some god, thus the Flamen Dialis was attached to the cult of 
Jupiter, the Flamen Martialis to that of Mars, etc. 

434 



BOOK IV. LIV. 7-Lv. 3 

things were to be, it was wrong for them to rear B.C. 409 
children, who after being driven out from the places 
of their forefathers would behold others in possession 
of their honours, and would be left, without power 
or authority, to serve no other purpose than to offer 
up sacrifices, as salii and flamens, 1 for the people. 
The feelings of both sides were overwrought. The 
plebs had plucked up courage and they had three 
very distinguished leaders for the popular cause. The 
patricians, perceiving that every election where the 
plebs were free to choose either sort of candidate 
would be like that of the quaestors, strove to bring 
about a consular election, which was not yet open to 
both orders. The Icilii, on the contrary, maintained 
that military tribunes should be chosen ; it was high 
time, they said, that the plebs were given their share 
of honours. 

LV. But the consuls had no measure on foot 
which the tribunes could oppose and so wring from 
them what they wanted, when, by a wonderful piece 
of luck, the Volsci and Aequi were reported to have 
crossed the border and raided the lands of the Latins 
and the Hernici. As the consuls, in order to meet 
this invasion, were commencing to raise an army, in 
pursuance of a resolution of the senate, the tribunes 
obstructed the levy with all their might, declaring 
that the incident had been a fortunate one for the 
plebeians and themselves. There were three of 
them, and they were all very active and belonged to 
a family which might now be called noble, considering 
that they were plebeians. Two of them assumed the 
task of keeping constant watch on the consuls, each 
taking one of them ; to the third was given the duty 
of haranguing the plebs, for the purpose, now of re- 

435 



LIVY 

A.U.C 4 Nee dilectum consules nee comitia quae petebant 
tribuni expediebant. Inclinante deinde se fortuna 
ad causam plebis iiuntii veriiunt arcem Carventanani 
dilapsis ad praedam militibus qui in praesidio erant, 
Aequos interfectis paucis custodibus arcis invasisse ; 
alios recurrentes in arcem, alios palantes in agris 
6 caesos. Ea adversa civitati l res vires tribuniciae 
actioni adiecit. Nequiquam enim temptati ut turn 
denique desisterent impediendo bello, postquam non 
cessere nee publicae tempestati nee suae invidiae, 
pervincunt ut senatus consultum fiat de tribunis 

6 militum creandis, certo tamen pacto ne cuius ratio 
haberetur qui eo anno tribunus plebis esset, neve 

7 quis reficeretur in annum tribunus plebis, baud dubie 
Icilios denotante senatu, quos mercedem seditiosi 
tribunatus petere consulatum insimulabant. Turn 
dilectus haberi bellumque omnium ordinum consensu 

8 apparari coeptum. Consules ambo profecti sint ad 
arcem Carventanani, an alter ad comitia habenda 
substiterit, incertum diversi auctores faciunt ; ilia 
pro certo habenda, in quibus non dissentiunt, ab 
arce Carventana, cum diu nequiquam oppugnata 
esset, recessum, Verruginem in Volscis eodem exer- 

1 civitati Z* 4 j- : ciuitatis ft : ciuitasZ)?. 

1 Livy here employs "consulship" as a convenient, if not 
quite accurate, substitute for "consular tribuneship." 

2 See iv. i. 4. Livy has not mentioned the previous loss of 
Verrugo to the Volsci. 

43 6 



BOOK IV. LV. 4-8 

straining, now of urging them on. The consuls could B.C. 409 
neither bring about the levy, nor the tribunes the 
election, they desired. Then, as fortune was inclining 
to the cause of the plebs, came couriers who reported 
that while the soldiers who were in garrison at the 
citadel of Carventum had dispersed to plunder, the 
Aequi had come, and killing the few guards, had 
rushed the place. Some of the soldiers had been 
cut down as they were hurrying back to the 
fortress, others as they roamed the fields. This 
national reverse added strength to the contention 
of the tribunes. It was in vain they were impor- 
tuned to cease at last their opposition to the 
war. They yielded neither to the public need nor 
to men's hatred of themselves, and carried their 
point that the senate should pass a decree for the 
election of military tribunes. It was, however, ex- 
pressly provided that no one should be accepted as a 
candidate who had that year been tribune of the 
plebs, and that no tribune of the Plebs should be 
re-elected. It is evident that the senate wished to 
stigmatize the Icilii, whom they charged with seeking 
the consulship 1 as a reward for their seditious conduct 
while tribunes. The levy was then begun and pre- 
paration made for war, with the consent of all the 
orders. Whether both consuls marched to the citadel 
of Carventum, or one stayed behind to hold an elec- 
tion, is uncertain in view of the contradictory accounts 
of the authorities. Thus much is clear (for in this 
they do not differ), that the Romans, after a long 
and futile siege, retired from the citadel of Carven- 
tum and recaptured Verrugo, 2 in the Volscian 
country, with the same army, which spread great 



VOL. II. 



LIVY 

oj.o. citu receptanr, populationesque et praedas et in 
Aequis et in Volsco agro ingentes factas. 

^" LVI. Romae sicut plebis victoria fuit in eo ut 

quae mallent comitia haberent, ita eventu comitiorum 

2 patres vicere ; namque tribuni militum consular! 
potestate contra spem omnium tres patricii creati 
sunt, C. lulius lulus 1 P. Cornelius Cossus C. Servilius 

3 Ahala. Artem adhibitam ferunt a patriciis, cuius 
eos Icilii tuQi quoque insimulabant, quod turbam 
indignorum candidatorum intermiscendo dignis tae- 
dio sordium in quibusdam insignium populum a 
plebeiis avertissent. 

4 Volscos deinde et Aequos, seu Carventana arx 
retenta in spem seu Verrugine amissum praesidium 
ad iram cum impulisset, fama adfertur summa vi ad 

5 bellum coortos ; caput rerurn Antiates esse ; eorum 
legatos utri usque gentis populos circumisse casti- 
gantes 2 ignaviam, quod abditi intra muros popula- 
bundos in agris vagari Romanos priore anno et 

6 opprimi Verruginis praesidium passi essent. lam 
non exercitus modo armatos sed colonias etiam in 
suos finis mitti ; nee ipsos modo Romanos sua divisa 
habere, sed Ferentinum etiam de se captum Her- 

7 nicis donasse. Ad haec cum inflammarentur animi, 
ut ad quosque ventum erat, numerus iuniorum con- 
scribebatur. Ita omnium populorum iuventus Antium 
contracta ; ibi castris positis hostem opperiebantur. 

1 lulus Sigonius (C.I.L. i 2 , p. 114) : tullius MIJDL: tullus 
PFUBEa: omitted, together with the following P., by V. 

2 castigantes aj-: castigantis V \ castigante^qiie n. 

438 



BOOK IV. LV. 8-Lvi. 7 

devastation both among the Aequi and in the B.C. 409 
territory of the Volsci, and gathered enormous spoils. 

LVi. At Rome, though the plebeians were so far B.C. 408 
victorious as to have the election they preferred, yet 
in the outcome of the election the patricians won the 
day. For the military tribunes with consular authority 
were all three, contrary to the universal expectation, 
chosen from the patricians, viz., Gaius Julius lulus, 
Publius Cornelius Cossus, and Gaius Servilius Ahala. 
The patricians are said to have employed a ruse 
(and the Icilii taxed them with it at the time), in 
that they mixed a rabble of unworthy competitors 
with the deserving, and the disgust which the 
notorious turpitude of certain of them provoked 
turned the people against the plebeian candidates. 

Then came a rumour that the Volsci and Aequi, 
whether encouraged by their defence of the citadel 
of Carventum or angered by the loss of the garrison 
at Verrugo, had risen in prodigious strength ; that 
the Antiates were the head and front of the war ; that 
their envoys had gone about among the tribes of both 
races, upbraiding their cowardice in having hidden 
behind their walls the year before and allowed the 
Romans to pillage their lands and overwhelm the 
garrison at Verrugo. They would presently be send- 
ing out, not merely armed expeditions across their 
borders, but colonies too ; and not only, they said, 
had the Romans divided up their possessions amongst 
themselves, but they had even taken Ferentinum 
from them and bestowed it on the Hernici. These 
words aroused indignation, and a number of young 
men were enlisted wherever the envovs went. So 

/ 

the forces of all the tribes drew together at Antiurn, 
where they encamped and waited for the enemy. 

439 



LIVY 

A.U.C. 8 Quae ubi tumultu maiore etiam quam res erat 

nuntiantur Romam, senatus extemplo, quod in rebus 

trepidis ultimum consilium erat, dictatorem dici 

9 iussit. Quam rem aegre passos lulium Corneli- 

umque ferunt magnoque certamine animorum rem 

10 actam, cum primores patrura nequiquam conquest! 
non esse in auctoritate senatus tribunes militum 
postremo etiam tribunes plebi appellarent et con- 
sulibus quoque ab ea potestate vim super tali re 
inhibitam referrent, tribuni plebi laeti discordia 

1 1 patrum nihil esse in se iis l auxilii dicerent, quibus 
non civium, non denique hominum numero essent : 

12 si quando promiscui 2 honores, communicata res 
publica esset, turn se animadversuros ne qua superbia 

13 inagistratuum inrita senatus consulta essent : interim 
patricii soluti legum magistratuumque viverent 3 

A.U.C. verecundia, per se quoque 4 tribuni 5 agerent. 
317 LVII. Haec contentio minime idoneo tempore, 

2 cum tantum belli in manibus esset, occupaverat 
cogitationes hominum, donee ubi diu alternis lulius 
Corneliusque cum ad id bellum ipsi satis idonei 
duces essent, non esse aequum mandatum sibi a 

3 populo eripi honorem disseruere, turn Ahala Servilius 
tribunus militum tacuisse se tain diu ait, non quia 
incertus sententiae fuerit quern enim bonum civem 
secernere sua a publicis consilia? sed quia maluerit 

1 in se iis Gronovius: in iis H: in hiis Vai in his UE: 
unus B. 

1 promiscui VUEL z a: promisciiP: promisci fl. 

3 viverent Conuoy and Walters', uia... V : omitted by fl. 

* per se quoque & : pro se quoque II : space of 5 letters 
in V. 

5 tribuni Conway and Walters: tribuni turn potestatem 
H: tribuniciam (or -tiam) potestatem fl : tribunitiam potes- 
tate mque Frag. Haverk. : potestaternquae tribuniciam V. 

44O 



BOOK IV. LVI. 8-Lvn. 3 

When these things had been reported at Rome, B.C. 408 
amid excitement even greater than the situation 
warranted, the senate at once had recourse to its 
final counsel in emergencies, and ordered the appoint- 
ment of a dictator. It is said that Julius and Corne- 
lius resented this, and that a very bitter discussion 
took place. In vain the leading senators complained 
that the military tribunes were not amenable to 
senatorial control, and eventually appealed to the 
tribunes of the plebs and reminded them that their 
authority had in a similar case operated to restrain 
the consuls. But the tribunes of the plebs were 
delighted with the want of harmony amongst the 
senators. They could give no assistance, they said, 
to men who did not regard them as citizens, or even 
as human beings. If some day offices were thrown 
open to all, and they were given a share in the 
government, they would then see to it that no proud 
magistrate thwarted the decrees of the senate. 
Meanwhile let the patricians live with no regard for 
laws and magistracies, and let the tribunes act as 
they saw fit. 

LVI I. This quarrel, so inopportune at a time when B.C. 407 
a great war was in hand, had quite taken possession 
of men's thoughts, and for a long time Julius and 
Cornelius first one and then the other had argued 
that, since they were themselves quite capable of 
directing that campaign, it was unfair that they 
should be summarily deprived of the office which 
the people had intrusted to them ; when Servilius 
Ahala arose and said that he had been so long silent 
not because of any doubt as to his opinion for 
what good citizen considered his own interests apart 
from those of the nation ? but because he had 

441 



LIVY 

A.U.O. collegas sua sponte cedere auctoritati senatus quam 
tribuniciam potestatem ad versus se iinplorari pate- 

4 rentur. Turn quoque si res sineret, libenter se 
daturum tempus iis fuisse ad receptum nimis perti- 
nacis senientiae ; sed cum belli necessitates non 
exspectent humana consilia, potiorem sibi collegarum 

5 gratia reni publicam fore, et si maneat in sententia 
senatus, dictatorem nocte proxima dicturum ac, si 
quis intercedat senatus coiisulto, auctoritate se fore 

6 coritentum. Quo facto cum baud immeritam laudem 
gratiamque apud omnis tulisset, dictatore P. Cornelio 
dicto ipse ab eo magister equitiim creatus l ex- 
emplo fuit collegas eumque intuentibus, quam gratia 
atque honos opportuniora interdum non cupien- 

7 tibus essent. Bellum baud memorabile fuit. Uno 
atque eo facili proelio caesi ad Antium hostes ; victor 
exercitus depopulatus Volscum agrum ; castellum ad 
lacum Fucinum vi expugnatum, atque in eo tria 
milia hominum capta ceteris Volscis intra moenia 

8 compulsis nee defendentibus agros. Dictator bello 
ita gesto ut tantum non defuisse fortunae videretur, 
felicitate quam gloria maior in urbem rediit magis- 

9 tratuque se abdicavit. Tribuni militum mentione 
nulla comitiorum consularium habita credo ob iram 
dictatoris creati tribunorum militum comitia edixe- 

10 runt. Turn vero gravior cura patribus incessit, quippe 

1 creatus D*f~: creatus est H: creatus et U: est creatua a. 
442 



BOOK IV. LVII. 3-10 

wished that his colleagues should of their own free B.C. 407 
will give in to the senators' authority, instead of 
suffering the power of the tribunes to be invoked 
against them. Even then, if the circumstances 
allowed of it, he would gladly, he said, have given 
them time to retreat from their too obstinate con- 
tention ; but since war's necessity did not wait upon 
man's deliberations, he should place the public 
welfare above the favour of his colleagues ; and if 
the senate held to its opinion, he should name a 
dictator that night, contenting himself, if any one 
vetoed the senate's resolution, with the expression 
of its wishes. Having by this course gained the 
well-merited praise and friendly support of all, he 
named as dictator Publius Cornelius, by whom he was 
himself appointed master of the horse, thus showing 
such persons as considered the case of his colleagues 
and himself that favour and high office sometimes 
come more easily when men do not covet them. 
The war was no way noteworthy. In a single 
battle, and an easy one, they defeated the enemy at 
Antium. The victorious army laid waste the Volscian 
country and took by storm a fortress at Lake Fucinus, 
where three thousand men were taken prisoners, 
the rest being driven within their city-walls, leav- 
ing their fields defenceless. The dictator, after 
so conducting the campaign that he seemed barely 
to have taken advantage of his luck, returned to the 
City, with more good fortune than renown, and 
resigned his magistracy. The tribunes of the soldiers, 
without saying a word about electing consuls, 
I suppose because of their indignation at the 
appointment of a dictator, proclaimed an election 
of military tribunes. At that the patricians were 

443 



LIVY 

A D.C. 1 1 cum prodi causam ab suis cernerent. Itaque sicut 

347 

priore anno per indignissimos ex plebeiis candidates 
omnium, etiam dignorum, taedium fecerant, sic turn 
primoribus patrum splendore gratiaque ad petendum 
praeparatis omnia loca obtinuere, ne cui plebeio 
12 aditus esset. Quattuor creati sunt, omnes iam functi 
eo honore, L. Furius Medullinus C. Valerius Potitus 
Num. 1 Fabius Vibulanus C. Servilius Ahala, hie re, 
fectus continuato honore cum ob alias virtutes, turn 
ob recentem favorem unica moderatione partum. 
A.U.C LVIII. Eo anno, quia tempus indutiarum cum 

343 

Veienti populo exierat, per legates fetialesque res 
repeti coeptae. Quibus venientibus ad finem legatio 

2 Veientium obvia 2 fuit. Petiere ne priusquam ipsi 
senatum Romanum adissent Veios iretur. Ab 
senatu impetratum, quia discordia iiitestina labora- 
rent Veientes, ne res ab iis repeterentur ; tantum 
afuit ut ex incommodo alieno sua occasio peteretur. 

3 Et in Volscis accepta clades amisso Verrugine 
praesidio ; ubi tantum in tempore fuit momenti ut 
cum precantibus opem militibus, qui ibi a Volscis 
obsidebantur, succurri si maturatum esset potuisset, 

1 Num. Sigoniiis (C.I.L. i 2 , p. 114 has N. Fabius): en (or 
en or c n) fi. 

8 obvia a$-: obuiam H: obuia. (icith space for one letter, 
which has been obliterated] V 

444 



BOOK IV. LVII. IO-LVIII. 3 

more concerned than ever, as they might well be B.C. 40? 
when they saw their cause betrayed by their own 
fellows. Accordingly, just as in the preceding year 
they had used the least worthy of the plebeian 
competitors to arouse a dislike of them all, even 
the deserving, so at this time, by setting up as 
candidates the senators of the greatest splendour 
and popularity, they secured all the places, in order 
that no plebeian might be chosen. Four men were 
elected, all of whom had held that office before. 
They were Lucius Furius Medullinus, Gaius Valerius 
Potitus, Numerius Fabius Vibulanus, and Gaius 
Servilius Ahala. This last was continued in office 
partly for his other good qualities, partly because of 
the approval he had just gained by his singular 
moderation. 

LVIII. In that year, since the term of the truce B.O 406 
with Veii had run out, steps were taken to demand 
restitution, through ambassadors and fetials. Arriving 
at the frontier, these men were met by an embassy 
of the Veientes, who asked them not to proceed to 
Veii until they themselves should have gone before 
the Roman senate. The senate, considering that 
the Veientes were in the throes of civil discord, 
agreed not to demand a settlement of them ; so far 
were they from taking advantage of another people's 
difficulties. And in the Volscian country the 
Romans suffered a disaster, in the loss of their 
garrison at Verrugo. On that occasion the element 
of time was of such moment that, although the 
troops who were being besieged there by the Volsci 
appealed for help and might have been relieved if 
their friends had made haste, yet the army dispatched 
for that purpose only arrived in season to surprise 

445 
VOL. II. Q 



LIVY 

A.tr.o. ad id venerit exercitus subsidio missus ut ab recenti 

caede palati ad praedandum hostes opprimerentur. 

4 Tarditatis causa non in senatu l magis fuit quam 

tribunis, qui, quia summa vi restari nuntiabatur, 2 

paruin cogitaverunt nulla virtute superari humanarum 

6 virium modum. Fortissimi milites rion tamen nee 

vivi nee post mortem inulti fuere. 

6 Insequenti anno P. et Cn. Corneliis Cossis Num. 3 
Fabio Ambusto L. Valerio Potito tribunis militum 
consular! potestate Veiens bellum motum ob super- 
bum responsum Veientis senatus, qui legatis 

7 repetentibus res, ni facesserent propere urbe 
finibusque, daturos quod Lars Tolumnius dedisset 

8 responded iussit. Id patres aegre passi decrevere 
ut tribuni militum de bello indicendo Veientibus 

9 primo quoque die ad populum ferrent. Quod ubi 
primo promulgatum est, fremere iuventus nondum 
debellatum cum Volscis esse ; modo duo praesidia 
occidione occisa,cetera cum 4 periculo retineri; nullum 

10 annum esse quo non acie dimicetur; et tamquam 
paeniteat laboris, novum bellum cum finitimo populo 
et potentissimo parari qui omnem Etruriam sit conci- 
taturus. 

11 Haec sua sponte agitata insuper tribuni plebis 

12 accendunt. Maximum bellum patribus cum plebe 
esse dictitant ; earn de industria vexandam militia 

1 non in senatu Weissenborn : in senatu ft : in senatum DL. 

2 restari nuntiabatur Mommsen : reslari nuntiabantur (or 
mine-) fl : res stare nunciabantur D 2 : resistere nuntia- 
bantur a. 

3 Num Sigonius : en. n : Gneo a : cum F* (over erasure}. 

4 cetera cum k'chenkl : et cum VMa : . cum OED : cum n : 
alia cum Madvig. 

1 i. e. death (see chap. xvii). 
446 



BOOK IV. LVIII. 3-12 

the enemy as they were dispersed in quest of booty, B.C. 406 
just after putting the garrison to the sword. The 
delay was due quite as much to the tribunes as to 
the senate, for they got reports that the garrison was 
making a strenuous resistance and failed to consider 
that no valour can transcend the limits of human 
endurance. But the heroic soldiers were not un- 
avenged, living or dead. 

The following year, when Publius and Gnaeus Cor- 
nelius Cossus, Numerius Fabius Ambustus, and Lucius 
Valerius Potitus were consular tribunes, war broke 
out with Veii on account of the insolent reply of the 
Veientine senate, who, when envoys demanded 
restitution of them, bade them be answered that 
unless they got quickly out from their city and their 
borders, they would give them what Lars Tolumnius 
had given the others. 1 This angered the Fathers, and 
they decreed that the military tribunes should 
propose to the people a declaration of war on the 
Veientes at the earliest possible day. As soon as 
this was promulgated, the young men protested 
loudly that the Volscian war was not yet brought to 
a conclusion ; two garrisons had just been destroyed, 
and the other outposts were being held at great 
risk ; not a year w r ent by without a pitched battle ; 
and as though they had not troubles enough, a new 
war was being started with a neighbouring and very 
powerful people, who were sure to raise all Etruria 
against them. 

This smouldering discontent was fanned into a 
blaze by the plebeian tribunes. They persistently 
declared that it was the plebs with whom the 
senators were chiefly at war ; them they deliberately 
plagued with campaigning and exposed to be 

447 



LIVY 

t.u.o. trucidandamque hostibus obici ; earn procul urbe 
haberi atque ablegari, ne domi per otium memor 
libertatis coloniarumque aut agri public! aut suffragii 

13 libere ferendi consilia agitet. Prensantesque veter- 
anos stipendia cuiusque et volnera ac cicatrices 
numerabant, quid iam integri esset 1 in corpore loci 
ad nova volnera accipienda, quid super sanguinis, 

14 quod dari pro re publica posset rogitantes. Haec 
cum in sermonibus contionibusque interdum agitantes 
avertissent plebem ab suscipiendo bello, profertur 
tempus ferundae legis quam si subiecta invidiae esset 
antiquari apparebat. 

LIX. Interim tribunes militum in Volscum agrum 
ducere exercitum placuit ; Cn. Cornelius unus Romae 

2 relictus. Tres tribuni, postquam nullo loco castra 
Volscorum esse nee commissures se proelio apparuit, 

3 tripertito ad devastandos fines discessere. . Valerius 
Antium petit, Cornelius Ecetras ; 2 quacumque in- 
cessere, late populati sunt tecta agrosque, ut 
distinerent Volscos ; Fabius, quod maxime petebatur, 
ad Anxur 3 oppugnandum sine ulla populatione 

4 accessit. Anxur 4 fuit, quae nunc Tarracinae sunt, 

5 urbs prona in paludes. Ab ea parte Fabius 
oppugnationem ostendit. Circummissae quattuor 

1 esset $- : esse Cl. 

* Ecetras $- : ecetram a 2 : egitras PFUBL* : egitrans Ma : et 
girus 77" : et giras OEL : alteras et V. 

3 ad Anxur 5- : ad ancxyr HDL : ad ancxir OE : ad anxyr 
D* : ad anxir I*FUa : ad ancxy M : ad anxi Pi ad anxie B : 
wanting in V. 

4 Anxur 5- : anxyr M D* : ancxyr HD : ancxir OELa i anxir 
i anxii PFU : anxis V. 

448 



BOOK IV. LVIII. i2-Lix 5 

slaughtered by the enemy ; them they kept at a B.C. 406 
distance from the City, and assigned to foreign 
service, lest they might have thoughts, if they 
remained peaceably at home, of liberty and colonies, 
and might agitate for public lands or the free use 
of their votes. And laying hold of veteran soldiers, 
they enumerated the campaigns of each and his 
wounds and scars ; asking where one could now find 
a whole place on their bodies to receive fresh wounds, 
or what blood they had left to shed for their country. 
When the tribunes by repeating these arguments 
in their talk and in their speeches had produced 
in the plebs a reluctance to undertake the war, the 
authors of the bill put off the time for voting on 
it, since it was clear that if subjected to the storm of 
disapproval it would fail to pass. 

L1X. Meantime it was determined that the mili- 
tary tribunes should lead the army into the country 
of the Volsci ; only Gnaeus Cornelius was left in 
Rome. The three tribunes, on its appearing that 
the Volsci had no camp anywhere and did not 
propose to risk a battle, divided their army into 
three and advanced in different directions to lay 
waste the country. Valerius marched upon Antium, 
Cornelius against Ecetrae, and wherever they went 
they plundered farms and buildings far and wide, 
to divide the forces of the Volsci ; Fabius led his 
troops to Anxur, the principal object of their attack, 
and laid siege to it, without doing any pillaging. 
Anxur, the Tarracinae of our day, 1 was a city 
which sloped down towards the marshes. On this 
side Fabius threatened an assault, while four cohorts 

1 Anxur was likely the Volscian name. The present form 
of the name is Terracina. 

449 



LIVY 
A.U.O. cohortes cum C. Servilio Abala cum imminentem 

9 { Q 

urbi collem cepissent, ex loco altiore, qua nullum 
erat praesidium, ingenti clamore ac tumultu moenia 

6 invasere. Ad quern tumultum obstupefacti qui 
adversus Fabium urbem infimam tuebantur locum 
dedere scalas admovendi ; plenaque hostium cuncta 
erant, et immitis diu caedes pariter fugientium ac 
resistentium, armatorum atque inermium fuit. 

7 Cogebantur itaque victi, quia cedentibus spei nihil 
erat, pugnam inire, cum pronuntiatum repente, ne 
quis praeter armatos l violaretur, reliquam omnem 

8 multitudinem voluntariam exuit armis ; quorum ad 
duo milia et quingenti vivi capiuntur. A cetera praeda 
Fabius militem abstinuit, dcnec collegae venirent, 

9 ab illis quoque exercitibas captum Anxur dictitans 
esse, qui ceteros Volscos a praesidio eius loci 

10 avertissent. Qui ubi venerunt, oppidum vetere 
fortuna opulentum tres exercitus diripuere ; eaque 
primum benignitas imperatorum plebem patribus 

11 conciliavit. Additum deinde omnium maxime 
tempestivo principum in multitudinem 2 munere, ut 
ante mentionem ullam plebis tribunorumve decer- 
neret senatus ut stipendium miles de publico 
acciperet, cum ante id tempus de suo quisque functus 
eo munere esset. 

LX. Nihil acceptum unquam a plebe tanto gaudio 



1 armatos a$- : armatus n. 

2 in multitudinem 7Ai* lihcnanus: in multitudine 



45 



BOOK IV. LIX. 5-Lx. i 

inarched round under Gaius Servilius Ahala, and B.C. 406 
seizing the hill which overhangs the city, assailed 
the walls from this superior position, where there 
was no force to oppose them, with great noise and 
confusion. Hearing the din, the soldiers who were 
defending the lowest part of the town against Fabius 
were bewildered, and permitted him to bring up 
scaling-ladders ; and soon the whole place was alive 
with enemies, who for a long time gave no quarter, 
slaughtering without distinction those who fled and 
those who resisted, the armed and the unarmed. 
And so the vanquished, since they could hope for 
no mercy if they yielded, were compelled to fight ; 
when suddenly the command was given that none 
should be hurt but those who carried weapons. 
Thereupon, all the survivors voluntarily laid down 
their arms, and about twenty-five hundred of them 
were taken alive. Fabius made his soldiers leave 
the rest of the spoils until his colleagues could come 
up, saying that their armies had helped to capture 
Anxur by diverting the rest of the Volsci from the 
defence of that place. When they arrived, the three 
armies sacked the town, which long years of pros- 
perity had filled with riches. It was this generous 
treatment on the part of their commanders which 
first reconciled the plebs to the patricians. In 
addition to this the senate then granted the people 
the most seasonable boon which has ever been 
bestowed on them by the chiefs of the state, when 
they decreed, without waiting for any suggestion by 
the plebs or their tribunes, that the soldiers should 
be paid from the public treasury, whereas till then 
every man had served at his own costs. 

LX. Nothing, it is said, was ever welcomed by 



LIVY 

k.tj.o. traditur, Concursum itaque ad curiam esse prensa- 

348 I 

tasque exeuntium manus et patres vere appellatos, 
effectum esse fatentibus ut nemo pro tarn munifica 
patria, donee quicquam virium superesset, corpori 

2 aut sanguini suo parceret. Cum commoditas iuvaret 
rem familiarem saltern adquiescere eo tempore quo 
corpus addictum atque operatum rei publicae esset, 
turn quod ultro sibi oblatum esset, non a tribunis 
plebis unquam agitatum, non suis sermonibus 
efflagitatum, id efficiebat multiplex gaudium cuinu- 

3 latioremque gratiam rei. Tribuni plebis, cornmunis 
ordinum laetitiae concordiaeque soli expertes, negare 
tarn id laetum patribus civibus universis 1 nee 
prosperum fore quam ipsi crederent. Consilium 
specie prima melius fuisse quam usu appariturum. 

4 Unde enim earn pecuniam confici posse nisi tribute 
populo indicto ? Ex alieno igitur aliis largitos. 
Neque id etiamsi ceteri ferant passuros eos, quibus 
iam emerita stipendia essent, meliore condicione alios 
militare quam ipsi militassent, et eosdem in sua 

6 stipendia impensas fecisse et in aliorum facere. His 
vocibus moverunt partem plebis. Postremo indicto 
iam tribute edixerunt etiam tribuni auxilio se 
futures si quis in militare stipendium tributum non 

1 patribus nee prosperum civibus universis Conway. 
patribus uniuersis nee prosperum fl : partibus uniuersis neo 
prosperum U. 

45 2 



BOOK IV. LX. 1-5 

the plebs with such rejoicing. Crowds gathered at B.C. 406 
the Curia and men grasped the hands of the senators 
as they came out, saying that they were rightly 
called Fathers, and confessing that they had brought 
it to pass that no one, so long as he retained a particle 
of strength, would grudge his life's blood to so 
generous a country. Not only were they pleased at 
the advantage that their property would at least not 
diminish while their bodies were impressed for the 
service of the state, but the voluntary character of 
the offer, which had never been mooted by plebeian 
tribunes nor extorted by any words of their own, 
multiplied their satisfaction and increased their grati- 
tude. The tribunes of the plebs were the only persons 
who did not partake in the general joy and good- 
feeling of both orders. They said that the measure 
would neither be so agreeable to the Fathers nor so 
favourable to the whole body of the citizens as the 
latter believed; it was a plan which at first sight had 
promised to be better than experience would prove 
it. For where, they asked, could the money be got 
together, save by imposing a tribute on the people ? 
The senators had therefore been generous at other 
men's expense ; and even though everyone else 
should submit to it, those who had already earned 
their discharge would not endure that others should 
serve on better terms than they had themselves en- 
joyed, and that the same men who had paid their 
own expenses should also contribute to the expenses 
of others. By these arguments they influenced a 
part of the plebs. Finallj', when the assessment had 
already been proclaimed, the tribunes even announced 
that they would protect anybody who should refuse 
to contribute to a tax for paying the soldiers. The 

453 



L1VY 

A.U.O. 6 contulisset. Patres bene coeptam rem perseveranter 
tueri ; conferre ipsi primi, et quia nondum argentum 
signatum erat, aes grave plaustris quidam ad 
aerarium convehentes speciosam etiam conlationem 

7 faciebant. Cum senatus summa fide ex censu 
contulisset, primores plebis, nobilium amici, ex 

8 composite conferre incipiunt. Quos cum et a patri- 
bus conlaudari et a militari aetate tamquam bonos 
cives conspici volgus hominum vidit, repente spreto 
tribtinicio auxilio certamen conferendi est ortum. 

9 Et lege perlata de indicendo Veieiitibus bello 
exercitum magna ex parte voluntarium novi tribuni 
militum consular! potestate Veios duxere. 

A.U.C. LXI. Fuere autem tribuni T. Quinctius Capito- 

linus Q. Quinctius Cincinnatus C. lulius lulus l iterum 
A. Manlius L. Furius Medullinus tertium M'. 

2 Aemilius Mamercus. Ab iis primum circumsessi 
Veii sunt. Sub cuius initium obsidionis cum 
Etruscorum concilium ad fanum Voltumnae frequenter 
habitum esset, parum constitit bellone publico gentis 

3 universae tuendi Veientes essent. Ea oppugnatio 
segnior insequenti anno fuit, parte tribunorum 
exercitusque ad Volscum avocata bellum. 

4 Tribunes militum consular! potestate is annus 
habuit C. Valerium Potitum tertium M'. Sergium 
Fidenatem P. Cornelium Maluginensem Cn. Corne- 
lium Cossum C. Fabium Ambustum Sp. Nautium 

1 lulius lulus Sigonius (C.LL. i 2 , p. 114): iulius tullus n. 

1 The elder Pliny (N. H. xxxiii. 42) says that the Romans 
did not use coined silver until the defeat of King Pyrrhus 
(275 B.C.) 

454 



BOOK IV. LX. 5-Lxi. 4 

Fathers had made a good beginning and persevered B.C. 406 
in supporting it. They were themselves the first to 
contribute, and since there was as yet no silver coin- 
age/ some of them brought uncoined bronze in 
waggons to the treasury, and even made a display of 
their contributing. After the senators had paid 
most faithfully, according to their rating, the chief 
men of the plebs, friends of the nobles, began, as 
had been agreed, to bring in their quota. When the 
crowd saw that these men were applauded by the 
patricians and were looked upon as good citizens by 
those of military age, they quickly rejected the pro- 
tection of the tribunes and vied with one another 
who should be the first to pay. And on the law 
being passed declaring war on the Veientes, an army 
consisting in great part of volunteers marched, under 
command of the new military tribunes, upon that city. 

LXI. Now the tribunes were Titus Quinctius B.C. 
Capitolinus, Quintus Quinctius Cincinnatus, Gaius 405 ~ 404 
Julius lulus (for the second time), Aulus Manlius, 
Lucius Furius Medullinus (for the third time), and 
Manius Aemilius Mamercus. By them Veii was for 
the first time besieged. Shortly after this siege 
began, the Etruscans held a numerously attended 
council at the shrine of Voltumna, but could reach 
no decision as to whether the entire nation should 
go to war in defence of the Veientes. The siege 
languished during the year that followed, for some 
of the tribunes and a part of the army were called 
away to fight the Volsci. 

The military tribunes with consular powers for 
this year were Gaius Valerius Potitus (for the third 
time), Manius Sergius Fidenas, Publius Cornelius 
Maluginensis, Gnaeus Cornelius Cossus, Gaius Fabius 
Ambustus, and (for the second time) Spurius Nautius 

455 



LIVY 

A.C.C. 6 Rutulum 1 iterum. Cum Volscis inter Ferentinum 

6 atque Ecetram 2 signis conlatis dimicatuin ; Romanis 
secunda fortuna pugnae fuit. Artena inde, Vols- 
corum oppidum, ab tribunis obsideri coepta. Inde 
inter eruptionem temptatam compulso in urbem 
hoste occasio data est Romanis inrumpendi, praeter- 
que 3 arcem cetera capta ; in arcem munitam natura 
globus armatorum concessit ; infra arcem caesi 

7 captique rnulti mortales. Arx deinde obsidebatur ; 
nee aut vi capi poterat, quia pro spatio loci satis 
praesidii habebat, aut spem dabat deditionis omni 
publico frumento priusquam urbs caperetur in arcem 

8 convecto ; taedioque recessum inde foret, ni servus 
arcem Romanis prodidisset. Ab eo milites per locum 
arduum accepti cepere ; a quibus cum custodes 
trucidarentur, cetera multitudo repentino pavore 

9 oppressa in deditionem venit. Diruta et arce et 
urbe Artena, reductae legiones ex Volscis, omnisque 

10 vis Romana Veios conversa est. Proditori praeter 
libertatem duarum familiarum bona in praemium 
data ; Servius Romanus vocitatus. Sunt qui Artenam 

11 Veientium, non Volscorum, fuisse credant. Praebet 
errorem quod eiusdem nominis urbs inter Caere 
atque Veios fuit ; sed earn reges Romani delevere, 
Caeretumque, non Veientium fuerat ; altera haec 
nomine eodem in Volsco agro fuit, cuius excidium 
est dictum. 

1 Rutulum as at cliap. xxxv. 4 : rutilum L : rutilium n. 

2 Ecetram a 2 : eceteram fla : et ceteram B : e cetere L. 
* praeterque 5- : praeterquam n : propterquam B. 

1 Later it was the custom to give a slave thus manumitted 
by the state the name of the officiating magistrate. 
' Livy does not mention the incident in Book I. 

45 6 



BOOK IV. LXI. 4-1 1 

Rutulus. A pitched battle was fought with the B.C. 
Volsci between Ferentinum and Ecetra, in which 4 
fortune favoured the Romans. The tribunes then 
laid siege to Artena, a Volscian town. While at- 
tempting a sortie the enemy were driven back into 
the city and afforded the Romans an opportunity of 
forcing an entrance, so that the whole place, except 
the citadel, was captured ; to this fortress, which was 
naturally strong, a band of armed men retired; below 
the citadel a large number were killed or taken 
prisoner. The citadel was then besieged, but could 
neither be taken by assault, having a sufficient garri- 
son in proportion to its area, nor appeared likely to 
surrender, for the whole public store of grain had 
been conveyed into the fortress before the capture 
of the town. The Romans would have withdrawn, 
discouraged, had not a slave betrayed the place into 
their hands. This man admitted some soldiers by 
way of a steep approach, and they captured it and 
slew the sentries; whereupon the rest of the garrison 
was seized with a sudden panic and surrendered. 
After demolishing the citadel and the town of Artena, 
the legions were withdrawn from the Volsci and all 
the might of Rome was brought to bear upon Veii. 
The traitor was given the property of two families as 
a reward, besides his liberty, and was named Servius 
Romanus. 1 There are those who think that Artena 
had belonged to the Veientes, not to the Volsci. 
Their mistake is due to the fact that there was a city 
of the same name between Caere and Veii ; but this 
place was destroyed by the Roman kings, 2 and it had 
been a dependency of Caere, not of Veii ; the other 
town of the same name, whose overthrow I have just 
related, was in Volscian territory. 

457 



LIBRI IV PERIOCHA 

LEX de couubio patrum et plebis a tribuuis contenti- 
ons magna patribus repugnantibus perlata est. Tribuni 
# * plebis. Aliquot annos res populi R. domi mili- 
tiaeque per hoc genus magistratus administratae sunt. 
Item censores tune primum creati sunt. Ager Ardeatibus 1 
populi iudicio ablatus missis in eum colonis restitutus est. 
Cum fame populus R. laboraret, Sp. Maelius eques R. 
frumentum populo sua inpensa largitus est et ob hoc 
factum conciliata sibi plebe regnum adfectans a C. 2 
Servilio Ahala magistro equitum iussu Quinti Cincinnati 
dictatoris occisus est ; L. Minucius 3 index bove aurata 
donatus est. Legatis Romanorum a Fidenatibus occisis, 
quoniam ob rem p. morte occubuerant, statuae in rostris 
positae sunt. Cossus Cornelius tribunus militum occiso 
Tolumnio, Veientum rege, opima spolia secunda ret- 
tulit. Mam. Aemilius 4 dictator censurae honorem, qui 
antea per quinquennium gerebatur, anni et sex mensum 
spatio finit ; ob earn rem a censoribus notatus est. 
Fidenae in potestatem redactae eoque 5 coloni missi sunt ; 
quibus occisis Fidenates cum defecissent, ab Mam. Aemilio 6 
dictatore victi sunt et Fidenae captae. Coniuratio 
servorum oppressa est. Postumius tribunus militum 
propter crudelitatem ab exercitu occisus est. Stipendium 
ex aerario turn primum militibus datum est. Res prae- 
terea gestas adversus Vulscos et Fidenates et Faliscos 7 
continet. 

1 Ardeatibus Delrius : ardeatinus (or ardeatinis) MSS. 

2 a C. edd. : ex (or et) MSS. 

3 L. Minucius editio princeps: T. minucius (or minutius) 
At*8. 

* Mam. Aemilius Drakenborch : m. aemilius MSS. 
6 eoque editio princeps : eaque MSS. 

6 Mam Aemilio Drakenborch : m. aemilio (or simply emilio) 

Mas. 

7 Faliscos edd. : labs cos (or labascos or babscos) MSS. 



45 8 



SUMMARY OF BOOK IV 

A LAW about the marriage of patricians and plebeians 
was carried by the tribunes, after a violent struggle, 
against the opposition of the patricians. 'Hie tribunes 
. . . x of the plebs. For some years the affairs of the Roman 
People at home and in the field were administered through 
this kind of magistracy. Likewise censors were then 
elected for the first time. The land taken from the 
Ardeates by the decision of the people was restored and 
colonists were sent out to it. When the Roman People 
was in sore straits on account of a famine, Spurius Maelius, 
a Roman knight, distributed corn to the people at his own 
expense. Having by this act gained the favour of the 
plebs, he aimed at royal power and was killed by Gaius 
Servilius Ahala, the master of the horse, at the command 
of the dictator Quintus 2 Cincinnatus ; Lucius Minucius 
gave evidence against him and was presented with a gilded 
ox. When the envoys of the Romans had been slain by 
the Fidenates, because they had fallen in the service of the 
state, statues were erected to them on the rostra. Corne- 
lius Cossus, the military tribune, killed Tolumnius, king of 
the Veientes, and returned with the second spoils of honour. 
Mamercus Aemilius, the dictator, limited the office of 
censor, which was wont to be held for five years, to the 
period of eighteen months ; for this he was stigmatized by 
the senators. Fideuae was subjugated and colonists were 
sent thither ; the Fidenates, having slain these men and re- 
volted, were defeated by Mamercus Aemilius the dictator, 
and Fidenae was captured. A conspiracy of the slaves 
was suppressed. Postumius, the military tribune, was for 
his cruelty put to death by his army. Pay from the public 
treasury was then for the first time given the soldiers. It 
contains also campaigns waged against the Volsci and the 
Fidenates and the Faliscans. 

1 The institution of military tribunes was evidently recorded 
in the words that have been lost. 

2 A mistake for Quinctius. 



459 



INDEX OF NAMES 



(The References are to Pages.} 



AEBDTirjS, L., 20, 22; Postumus 

Aebutius Cornicen. 294; M. 
Aebutius Helva, 294; Postumus 

Aebutius Helva, 326 
Aelius, P., 432 
Aemilius, T., 2 (6ts); Aemilius Mamer- 

cus, 312, 314, 330, 334, 354, 358, 

360, 390, 428, 458 (bis); M'. 

Aemilius Mamercns, 454 
Aequi, 4 et passim ; Aequicum bellum, 

12 

Aequimaelium, 310 
Agrippa, see Furius and Meneniug 
Albani, 270; Albana vallis, 24 
Algidus, 6, 10, 80, 86 (bis), 92, 100 

(bis), 104, 124, 138, 140, 144, 200, 

208, 212, 230, 340 (bis), 352, 404 
Alienus, L., 104 
Ancus, 266 
Anio, 314, 326 
Antiates, see Antium 
Antistius, Ti., 390; A., 398 
Antium, 2, 12 (bis), 36, 74, 76 (bis), 

78 (ter), 438, 442, 448; Antiates, 

20, 36, 80, 438; Antiates coloni, 36 
Antius, Sp., 312 
Antonius Herenda, T., 116, 138; Q., 

390 

Anxur, 448 (bis), 450 
Apollo, 212, 334, 352; Apollinare, 

212 

Appius, see Claudius 
Apronius, 0., 180 
Ardea, 280, 286, 288, 290, 292; 

Ardeates, 242, 248, 252, 256, 278, 

280, 282, 292 (bis), 294 (bis); 

Ardeatinum foedus, 282 
Aricini, 242, 248, 252 
Artena, 456 (ter) 
Asellius, M., 390 
Aternius, A., 104, 218 
Athenae, 106 (bis), 108; Atticae 

leges, 106, 200 



Atilius, L., 278 
Atticae leges, see Athenae 
Augustus Caesar, 322 (bis) 
Aventinus, 102, 108, 166 (bis), 168. 
170, 178, 180, 204, 228, 2o2 

BOLAE, 416, 418; Bolani, 416; 
Bolanus ager, 418, 424 

CAECILTOS, Q., 310 

Caere, 456 

Caesar Augustus, 322 

Calvius Cicero, C., 104 

Campani, 402 

Canuleius, 0., 256, 258 (bis), 262 

(ter), 276; Canuleius, H., 400; 

Canuleii, 260 
Capena porta, 76 
Capitolium, 52, 64, 56, 58 (ter), 60, 

62 (bis), 64, 66, 68, 70, 72, 74, 100 

(bis), 192, 230, 250, 262, 322, 402; 

Capitolinus Clivus, 62, 66 
Capua, 376 (bis), 426 
Capys, 376 
Carventana an, 428, 430, 436 (ter), 



Cassius, Sp., 306 ; Cassii, 308 

Ceres, 182, 184 

Claudius, 0., 50, 64, 66 (bis), 74, 116, 
130, 194, 276; Appius Claudius, 
108 (ter), 114, 116, 128, 130, 132 
(bis), 134, 136, 138 (bis), 142, 144, 
146 (bis), 148 (bis), 150 (bis), 152, 
154 (bis), 156 (bis), 158 (quater), 
160 (ter), 164 (ter), 166, 178, 186 
(quinquies), 188, 190, 196 (bis), 
204 (bis), 250, 252 ; Appius Claudius 
(son of decemvir), 376 ; Appius 
Claudius (grandson of decemvir), 
412 (bis); Claudius, U. (client of 
decemvir), 144, 150, 156, 198; 
Claudius, C., 214 ; Appius Claudius 
Crassus, 372; Claudii, 194, 308; 

461 



INDEX OF NAMES 



Claudia gens, 194, 196, 206 ; Claudia 
stirps, 414 

Cloacina, 158 

Cloelius Gracchus, 86 (ter), 96; 
Cloelius Siculus, T., 278, 294; 
Cloelius Tullus, 312 

Cluilius Aequus, 288, 292 

Collatinus, Tarquinius, 306 

Collina porta, 170, 326 (bis), 360 

Columen, 80 

Corbio, 96, 100, 102 (bis), 224, 236 

Corioli, 244 (bis) ; Coriolana res, 244 ; 
Coriolani fines, 244 

Cornelius, A., 80; Cornelius, M. (the 
decemvir), 132 ; Cornelius Malu- 
ginensis, L., 74 (bis), 76, 78, 80, 
132, 136 (bis); Cornelius Cossus, 
A., 318, 320, 322 (qunter), 324 (bis), 
344, 354, 356, 358 (bis), 362, 458; 
Cornelius Cossus, Cn. (son of Aulus, 
grandson of Marcus), 416, 432, 446, 
448 (bis), 454 ; Cornelius Cossus, P. 
(military tribune, 415 B.C.), 416, 
438, 440; Cornelius Cossus, A. 
(brother of last-named?), 422; 
Cornelius Cossus, P. (younger 
brother of first A. Cornelius Cossus ?), 
442, 446; Cornelius, Ser., 106; 
Cornelius Maluginensis, M., 116, 
138, 324; Cornelius Maluginensis, 
P., 454 

Corniculana captiva, 266 

Cremera, 2 

Crustumeria, 140 

Cumae, 336, 402, 426 

Curiatius, P., 106, 108 

Curtius, C., 256, 274, 280 

DECIUS, L., 416 
Demaratus, 266 
Duillius, K., 116, 138; M., 170 (bis), 

180, 184, 198, 216 (615), 218; 

Duillii, 114 

ECETRA, 36, 448 (Ecetrae), 456; 
Ecetranus, 12; Ecetrani (see 
Volsci), 12 

Eretura, 88, 98, 124, 138, 140 
Esquiliae, 228; Esquilina porta, 228 
Etruria, 300, 330 (bis), 336 (bis), 358, 
426; Etrusci, 314, 316, 328, 362, 
368, 376 (bis), 454; Etruscae 
leeiones, 64, 328; Etruscum mare, 
426 

462 



FABITJS VIBULANTJS, Q. (consul 287 
B.C. and decemvir), 2 (bis), 4 (quater), 
28, 30, 32, 74 (bis), 76 (bis), 78, 86, 
98, 100, 116, 138 ; Fabius Vibulanus, 
M., 294, 314, 320. 334, 346 (bis); 
Fabius Vibulanus, Q. (brother of M.). 
376, 416, 422; Fabius Vibulauus, 
Num., 394, 416, 444, 448, 450 
(bis); Fabius Ambustus, Q. (son 
of M.), 426 ; Fabius Ambustus, K., 
432 ; Fabius Ambustus, Num., 446, 
448 ; Fabius Ambustus, 0., 454 

Faliscus, 316; Falisci, 314, 316 (ter), 
326, 330, 360, 458; Faliscus ager, 
324 

Ferentinum, 424, 438, 456 

Ficulensis via, 172 

Fidenae, 140 (bis), 312 314, 328, 330, 
336, 354, 356, 360 (bis), 362, 364 
(bis), 366, 368, 370, 390, 404, 458 
(bis); Fidenas, 316, 364 ; Fidenates, 
312 (quater), 316, 320, 354, 358, 
360, 362, 368, 458 

Flaminia prata, 180, 212; Flaminius 
circus, 180 

Folius, M., 334 

Fucinus lacus, 442 

Fulcinius, C., 312 

Furius, P., 4; Furius Fusus, Sp., 10, 
12, 16 (bis), 42; Furius, Q., 178; 
Furius Agrippa, 222, 236 (bis), 
240 (bis); Furius Paculus, 0., 296, 
328, 356, 426; Furius Medullinus, 
L., 336, 370, 398, 422, 424, 432, 
444, 454 ; Furii (Fusii), 12 

Fusii, see Furii. 

GABINUS ager, 28 (bis) 

Geganius Macerinus, M., 220, 284, 

288, 314, 328, 346; Geganius 

Macerinus, Proculus, 296 
Genucius, T., 108 (bis), 256 
Graecia, 106; Graeci, 402 

HERDOXIUS, Ap., 52 (bis), 54, 56, 58, 
62, 66 (bis) 

Herminius, Sp., 218 

Hernici, 12 (bis) et passim ; Hernicae 
cohortes, 20; Hernicus ager, 18, 
428. 434 

Horatius Pulvillus, C., 106; Horatius 
Pulvillus, M., 100, 102; Horatius 
Barbatus, M., 128, 130, 134, 136, 
160 (ter), 166, 170, 172, 174, 180, 
192, 206, 242, 276; Horatiug 



INDEX OF NAMES 



Barbatus, L., 370; Eoratii, 128, 
216; Horatialex, 184 
Hortensius, L., 390, 392 

ICILIUS, L., 144 (bis), 148 (ter), 152, 

154, 156 (bis), 158, 160 (quater), 

168 (bis), 174, 180 (615), 214, 222, 

42C; Icilii, 114, 260, 432, 438; 

Icilia lex, 108 
Italica gens, 266 
lulius, 0., 108, 110, 166, 220, 326; 

lulius, L., 312, 330, 342, 352; 

lulius Mento, On., 338, 342, 352; 

lulius lulus, Sex., 372; lulius 

lulus, 0., 438, 440, 454 
lunius, Q., 310; 0., 386 
luno, 56 
luppiter, 56, 58, 128, 182, 184, 192, 

204, 402; luppiter Feretrius, 320, 

322 (bis), 324, 362, 364 

LABICI, 402 (bis) ; Labicani, 402, 404 
(bis), 410 (ter), 416 ; Labicana via, 
388; Labicanus ager, 86, 416; 
Labicani agri, 24 

Lanuvium, 98, 344 

Latiui, 74 et passim ; Latiuae cohortes, 
20 ; Latinus ager, 4, 428, 434 

Liber, 182 

Libera, 182 

Licinius Macer, 282, 322, 330 (ter) 

Lucretius Tricipitinus, L., 26 (ter), 
28, 34, 44, 80; Lucretius Tricipi- 
tinus, Hostius, 354; P., 402, 410; 
Lucretia, 142 

MAECILIUS, Sp., 410, 414 

Maelius, Sp., 298, 300, 302, 304, 306 
(ter), 308 (bis), Sp., 324 (bis), 458; 
Maeliam, 304; Maeliana Oaedes, 
310 (bis) 

Mamercus Aemilius, see Aemilius 

Mamilius, L., 60, 66, 98 

Manilius, Sex., 170 

Manlius, A., 106, 108, 330, 352, 398, 
454 ; Manliana imperia, 352 ; Man- 
lius Oapitolinus, L., 390 

Mars, 204, 210; Martius campus, 34, 
92, 212, 236, 328 

Menenius, 0., 106 ; Menenius Lanatus, 
Agrippa, 294, 300, 402, 410 ; Mene- 
nius Lanatus, L., 296 ; Menenius, 
M., 428 (quater), 430, 432 

Messius, Vettius, 348 (bis), 350 

Metilius, M., 410, 414 



Minerva, 56 

Minucius, L., 84, 98, 116, 138, 298, 

300 (bis), 310 (quater), 324, 458; 

Minucius, Q., 100 (bis), 102 
Moneta, 282, 322 

NAUTTUS, 0., 84, 88 (bis), 98 ; Nautius 

Rutulus, Sp., 372, 402, 410, 454; 

Nautius Rutulus, 0., 426 
Nomentum, 356, 360; Nomentana 

via, 172 

Numn, Pompilius, 266, 268 (bis) 
Numitorius P., 148, 152, 158, 168, 

180, 196 

OPPIUS CORNICEN, Sp., 116, 138, 160, 
166, 196 (quater); Oppius, M., 170; 
C., 180 

Ortona, 102 

Ostia, 354 

PAPIRIUS CRASSUS, M., 296; L., 324, 
352 ; Papirius Mugillanus, L., 282, 
286, 356, 390, 396, 404, 410; 
Papirius Atratinus, M., 426 

Pinarius Mamercus, L., 336 

Poetelius, Q., 116, 138, 296 

Pompilius, Sex., 398 (bis) 

Pomponius, M., 180 

Pomptinus ager, 336 

Postumius Albus, A., 10, 14 (bis), 18 
(bis), 86; Postumius Albus, Sp., 4, 
106, 236, 336, 344, 348 (bis) ; Postu- 
mius Tubertus, A., 330, 342, 350, 
352, 390; Postumius Regillensis, 
M., 356, 384, 390, 418, 420 (bis), 
422, 458; Postumia Vestalis, 400; 
P jstumiana caedes, 422 ; irnperia, 
352 

Praenestinus ager, 28; Praenestini 
montes, 28 

Pupius, P., 432 

QUIES, 388 

Quinctilius, Sex., 106 

Quinctius Capitolinus Barbatus, T., 
4, 10 (ter), 14 (bis), 16, 18, (bis) 42 
(bis), 46, 70 (bis), 72, 84, 90 (bis), 
98 (bis), 116, 222, 224, 234, 236, 
240 (bis), 258, 276, 282, 284, 292, 
300, 314, 316, 390; Quinctius, 
Caeso, 40 (bis), 42 (ter), 44, 46 (bis), 
48 (ter), 50, 64 (bis), 66, 80, 82, 84 ; 
Quinctius Cincinnatus, L., 44, 64, 
72, 74, 88 (bis), 116, 250, 276, 302 

463 



INDEX OF NAMES 



(bis), 304 (bis), 312, 314, 390 (bis), 
398, 458 (Quintus Cincinnatus) ; 
Quinctianus exercitus, 96; Quinc- 
titis, L. (son of Cincinnatus), 312, 
370; Quinctius Cincinnatus Poenus, 
T. (son of Cincinnatus), 322, 338, 
342, 344, 352, 354, 356 (bis), 362 
(bis), 364, 366, 368, 384, 390 (bis), 
Quinctius Cincinnatus, Q. (son of 
Cincinnatus), 416, 454; Quinctius 
Capitolinus, T. (son of Gapitolinus), 
394, 454; Quinctia familia, 84; 
gens, 42 ; prata, 90 
Quirinus, 326; Quirinalis flamen, 106 
Quirites, 42, 56, 58 (bis), 68, 70, 136, 
144, 148, 224, 226 (bis), 202, 272, 
332, 420 

RABULEIUS, M'., 116, 138 

Racilia, 90 

Regillus, 194 

Roma, 6 et passim ; RomanI, 6 et 

passim 

Romilius, T., 102, 104 (bis) 
Romulus, 68, 128, 266, 268, 308, 320, 

364 

Roscius, L., 312 
Rostra, 312 

Rutilius Crassus, Sp., 410 
Rutuli, 294 (bis) 

SABIN1, 54, 58, 60, 86, 98, 100, 102, 
122, 138 (bis), 142, 168, 192, 206 
(bis), 210 (ter), 212, 242, 252, 266, 
270; Sabinus ager, 140, 266; 
Sabinum bellum, 130; Sabinus 
exercitus, 100; Sabinae legiones, 
54 

Sacer mons, 52, 170 (bis), 172, 180, 
204, 228 

Samnites, 376, 426 

Scaptius, P., 242, 244, 246 (quater) 

Sempronius, 0. (uncle of next man), 
400; Sempronius Atratinus, A., 
278, 370, 398, 410; L., 282, 286; 
0. (son of L.), 376, 378 (bis), 380, 
384, 386 (quater), 390, 392 (ter); 
Semproniaiia clades, 394 

Sergius, M., 116, 138 ; Sergius Fidenas, 
L., 314, 334, 354 (bis), 372, 404, 
406 ; Sergius Fidenas, M'., 454 

Servilius, Q., 4, 10, 22, 80; Servilius 
Ahala, 0., 304 (bis), 306 (bis), 310, 
324, 356, 408; C. (not the same as 
last man), 438, 440, 444. 450, 458 ; 



Servilius Priscus (or Structus), Q., 

326, 340, 354, 404, 406, 408, 412; 

Servilius, 0. (son of Priscus), 404; 

Servilius Structus, 0. (same PS last 

man ?), 410 
Servius Romanus, 456 
Sestius Capitolinus, P., 106, 108 

(bis), 110 (bis), 420 
Sextius, M., 418 
Siccius, L., 140, 142 (ter), 168 
Sicilia, 336, 352 
Sicinius, 0., 180 
Siculi, 352, 426 
Silius, Q., 432 
Solon, 106 
Spurillius, Ti., 390 
Subura, 46 
Sulpicius, Ser., 26, 34; Sulpicius 

Camerinus, P., 106, 108, 166, 238 

(ter); Sulpicius, Q., 330, 346 

TARPEIUS, Sp., 104, 166, 218 

Tarquinius, L;, 266, 268; Collatinus, 
see Collatinus; Tarquinii (family), 
42, 128, 142 ; Tarquinii (city), 266 

Tarquitius, L., 90 

Tarracinae (see Anxur), 448 

Tatius, T., 266 

Tempanius, Sex., 380, 382 (bis), 386 
(ter), 390 (bis) 

Terentilia lex, 34 

Terentilius Harsa, 0., 30, 34 

Tiberis, 48, 90, 298, 320, 360, 368, 
416, 426 (bis) 

Titinius, M., 180; Sex., 310 

Tolumnius, Lars, 312 (bis), 316, 318, 
362, 446, 458 

Trebonius Asper, L., 218 

Trigemina porta, 310 

Tubero, Q., 330 (ter) 

Tullius, Ser., 266, 268 (bis) 

Tusci, 48 

Tusculum, 60 (bis), 66, 78 (ter), 102, 
124, 140 (ter), 292, 344, 404, 406, 
408 (bis); Tusculani, 64, 78 (bis), 
80, 134, 292, 402; Tusculanus ager, 
24, 86, 102, 124; Tusculana arx, 
78 ; legio, 62 ; vallis, 24 ; Tusculani 
colles, 24, 28 ; Tusculanus dux, 66 

VALERIUS VOLESUS, 84 ; Valerius, L., 
14; M., 24; M'., 84; M., 84, 102; 
Valerius Publicola, P., 26, 50, 56, 
58, 62 (bis), 64, 66, 68, 70 ; Valerius 
Potitus, L. (son of P. Valerius), 



464 



INDEX OF NAMES 



128, 134, 136 (quater), 160 (quater), 
166, 170, 172, 174, 180, 192, 200, 
204, 242; 0., 416, 428, 430, 444, 
454, L. (son of L.), 416, 446, 448; 
Valerius Antias, 18, 330; Valerii, 
128, 216 

Vecilius mons, 162 

Veii, 336, 360, 384, 386, 390 (bis), 
406, 444, 454, 456 (bis); Veiens, 
316 (bis); Veientes, 54, 256, 262. 
312, 314, 316, 326, 330, 332, 354J 
356 (bis), 358, 360 (ter), 3G2 368, 
370 (bis), 396, 444 (bis), 446, 454, 
456 (bis), 458; Veiens ager, 324; 
Veientanus ager, 320; Veiens 
bellum, 273, 416, 446; hostis, 60, 
360; multitude 316 ; populus, 336, 
444; praedo, 364; senatus, 446 

Verginius, A., 4, 40, 42, 46, 48, 66, 
84; Sp., 102; Verginius Rutulus, 
T., 24, 26 ; Verginius, L., 142, 144, 
146 (quater), 150 (bis), 152 (ter), 



154 (bis), 156 (bis), 158 (bis), 162 
(ter), 164, 168, 180, 186 (bis), 190, 
196, 198, 250 (Virginius) ; Verginia 
(d. of L.), 150, 152, 180, 196, 198 
(bis), 204, 250 (Virginia) ; Verginius 
Caelimontanus, T., 218; Verginius, 
L. (cos. 435 B.C.), 326 (bis), 330 

Verrugo, 256, 436, 438 (bis), 444 

Veturius Qeminus, T., 26 (ter); 0., 
102, 104, 106; L., 108 

Vetusius, see Veturius 

Villius, Ap., 180 

Volscus, 378 ; Volsci, 4 (bis) et passim ; 
Volsci Ecetrani, 12; Volscum bel- 
lum, 376, 454; Volscus exercitus, 
378; imperator, 380; Volscum 
nomen, 28 

Volscius Fictor, M., 44, 46, 80, 82 
(bis), 84, 98 

Voltumna, 330, 336, 454 

Volturnum, 376 

Volumnius, P., 34, 62, 86 



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ker. Vols. %T[.-IX.; F. H. Colson. Vol. X. F. H, 

Colson and the Rev. J. W. Earp. 
PHUO: two =-uppleme: -; Vc =. (Translation only.) Ralph 

' 
PBTLOSTRATTS : THE LETE or Apoixoyirs OF TYAXA. F. C. 

Conybeare. 2 V: - 

6 



PHILOSTRATUS: IMAGINES; CALLISTRATUS : DESCRIPTIONS. A. 

Fairbanks. 
PHILOSTRATUS and EUNAPIUS : LIVES OF THE SOPHISTS. Wilmer 

Cave Wright. 

PINDAR. Sir J. E. Sandys. 
PLATO: CHARMIDES, ALCIBIADES, HIPPARCHUS, THE LOVERS, 

THEAGES, MINOS and EFINOMIS. W. R. M. Lamb. 
PLATO: CRATYLUS, PARMENIDES, GREATER HIPPIAS, LESSER 

HIPPIAS. H. N. Fowler. 
PLATO: EUTHYPHRO, APOLOGY, CRITO, PHAEDO, PHAEDRUS. 

H. N. Fowler. 
PLATO: LACHES, PROTAGORAS, MENO, EUTHYDEMUS. W. R. M. 

Lamb. 

PLATO: LAWS. Rev. R. G. Bury. 2 Vols. 
PLATO: LYSIS, SYMPOSIUM, GORGIAS. W. R. M. Lamb. 
PLATO: REPUBLIC. Paul Shorey. 2 Vols. 
PLATO: STATESMAN, PHILEBUS. H. N. Fowler; ION. W. R. M. 

Lamb. 

PLATO: THEAETETUS and SOPHIST. H. N. Fowler. 
PLATO: TIMAEUS, CRITIAS, CLITOPHO, MENEXENUS, EPISTULAE. 

Rev. R. G. Bury. 

PLOTINUS: A.H.Armstrong. Vols. I. -III. 
PLUTARCH: MORALIA. 15 Vols. Vols. I.-V. F. C. Babbitt. 

Vol. VI. W. C. Helmbold. Vols. VII. and XIV. P. H. De 

Lacy and B. Einarson. Vol. IX. E. L. Minar, Jr., F. H. Sand- 
bach, W. C. Helmbold. Vol. X. H. N. Fowler. Vol. XI. 

L. Pearson and F. H. Sandbach. Vol. XII. H. Cherniss and 

W. C. Helmbold. 

PLUTARCH: THE PARALLEL LIVES. B. Perrin. 11 Vols. 
POLYBIUS. W. R. Paton. 6 Vols. 

PROCOPIUS : HISTORY OF THE WARS. H. B. Dewing. 7 Vols. 
PTOLEMY: TETRABIBLOS. Cf. MANETHO. 
QUINTUS SMYRNAEUS. A. S. Way. Verse trans. 
SEXTUS EMPIRICUS. Rev. R. G. Bury. 4 Vols. 
SOPHOCLES. F. Storr. 2 Vols. Verse trans. 
STRABO: GEOGRAPHY. Horace L. Jones. 8 Vols. 
THEOPHRASTUS : CHARACTERS. J. M. Edmonds. HERODES, 

etc. A. D. Knox. 
THEOPHRASTUS: ENQUIRY INTO PLANTS. Sir Arthur Hort, 

Bart. 2 Vols. 

THUCYDIDES. C. F. Smith. 4 Vols. 
TRYPHIODORUS. Cf. OPPIAN. 

XENOPHON: CYROPAEDIA. Walter Miller. 2 Vols. 
XENOPHON : HELLENICA, ANABASIS, APOLOGY, and SYMPOSIUM. 

C. L. Brownson and O. J. Todd. 3 Vols. 

XENOPHON: MEMORABILIA and OECONOMICUS. E. C. Marchant. 
XENOPHON : SCRIPTA MINORA. E. C. Marchant. 

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